-
Editorial Note [Vol. VI Issue II]
The Bi- annual journal of Rostrum’s Law Review volume VI Issue 2 offers exciting collection of papers which pricks reader to diversity of themes. The ‘Role of trial court judges to deal with hostile witnesses in the light of directives of the Supreme Court’ displays the throes of transition in the Indian criminal justice system, […] -
ASSESSING THE ROLE OF TRIAL COURT JUDGES TO DEAL WITH HOSTILE WITNESSES IN THE LIGHT OF DIRECTIVES OF THE APEX COURT IN INDIA: EXPECTATION AND REALITY
Abstract In an adversarial system of criminal justice, like in India, the witness has a pivotal role in bringing the offender to justice. Of late, key witnesses in heinous crimes and high-profile cases are retracting from their statements recorded by police in course of the investigation and turning hostile thereby adversely affecting the judicial process. […] -
The Holy Fast to Death and Conflicting Constitutional Moralities
INTRODUCTION The holy fast to death among Jains, a practice known as Santhara, has been at the center of a debate as to how the law should deal with such predicaments where religious practices endanger the constitutionally protected right to life. Such a debate also touches upon some of the core constitutional values that form […] -
TRADE PROTECTIONISM IN THE TIMES OF PANDEMIC: ASSESSING THE LEGITIMACY OF INDIA’S EXPORT BAN OVER ESSENTIAL DRUGS
The 25th anniversary, marked traditionally as a moment of commemoration, has not presented itself as amiable for the World Trade Organization (‘WTO’). Envisioned in the year 1995, as it celebrates its 25th year of inception, it is facing unprecedented disruption in global trade resulting from a pandemic.[1] This health crisis has brought with it its […] -
Doctrine of Basic Structure: A Critique
INTRODUCTION As the legal community celebrates 47 years of the decision in the Kesavanada Bharti versus State of Kerela (AIR 1973 SC 1461), it will be incomplete if we do not remember Professor Dietrich Conrad- the genius behind the basic structure doctrine. Though there have been many discussions on the constitutionality of the importation of […] -
INDIAN COMPETITION LAW AND PATENT LAW: THE INTERFACE
The Patent law and the Competition law are ideologically at loggerheads as one provides for monopolization of rights whereas the other by and large negates monopoly and provides for competitiveness. The Patent law is individualistic in approach as it provides a cushion to the patentee for a period of 20 years to rule out the […] -
Legal Compliance -vis-à-vis- Secretarial Audit: A Pragmatic Nexus in the eyes of Companies Act, 2013
Abstract Legal compliance and Secretarial Auditing are the key aspects of corporate governance practices. For targeting the best outcome from business activities, firms are required to incorporate robust auditing operations for better compliance management. Needless to mention, an audit not only implies to verification of accounts and financial statements but it also extends to the […] -
CONSUMER INTEREST IN ANTI- DUMPING INVESTIGATION
ABSTRACT The end effect of anti-dumping duty results in making the goods costlier for the consumers which may also include essential commodities such as medicines and other health care products. Consumer interest rarely finds a place in anti-dumping investigations. The regime under competition law also focuses on the issue of unfair trade practices by companies […] -
GEOGRAPHICAL INDICATION UNDER THE TRIPS AGREEMENT: COMMERCIAL INTEREST SERVED BUT EQUITY DECLINED
ABSTRACT Geographical Indications over time have emerged as a potential tool for the socio-economic development of a country. Geographical Indications are valuable assets for the producers of the designated origin as it helps to acquire a higher reputation and premium price. Since the Paris Convention, efforts have been made to protect the geographical origin of […] -
Discretion is a Tool of Corruption: Critical Analysis of an EPC Contract in the Oil and Gas Sector
Abstract: The EPC business is intricately complex and competitive which makes it quite vulnerable to succumb to the fangs of corruption. Corruption being an extremely detrimental concern in the public procurement and project execution process of the oil and gas sector attracts substantial losses to be incurred by the concerned project and in turn, by […]