Case BriefsHigh Courts

Delhi High Court: Rajiv Shakdher, J., issued the summons in the suit filed by Elsevier Ltd. against Alexandra Elbakyan and others alleging infringement of Elsevier’s copyright in several medical journals, articles, etc.

The instant application was filed by the plaintiffs under Section 151 of the Code of Civil Procedure, 1908 seeking exemption not only from filing original and certified copies of certain documents but also from filing legible copies of the dim annexures.

Senior Counsel, Amit Sibal who appeared along with Saikrishna Rajagopal, Advocate said that the plaintiffs who have copyright in several medical journals, articles, etc., have been constrained to approach this Court on account of defendant 1 and defendant 2 infringing their copyright.

Given the stand taken by Mr Sibal appearing for the plaintiff, Mr Jain representing the defendant said the no new articles or publication in which the plaintiff has copyright will be uploaded or made available by Alexandra Elbakyan.

Matter to be listed on 06-01-2021.[Elsevier Ltd. v. Alexandra Elbakyan, 2020 SCC OnLine Del 1677, decided on 24-12-2020]

AchievementsLaw School News

Comparative Constitutional Law and Administrative Law Quarterly (CALQ) published by NLU Jodhpur enters the ranking table for the first time

Chanakya National Law University Journal (CNLU J) gains two spots

The rankings† for August 2020 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 National Law School of India Review (NLSIR)
3 3 Indian Journal of Arbitration Law (IJAL)
4 4 Aligarh Law Journal (ALJ)
5 5 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
6 8 Chanakya National Law University Journal (CNLU J)
7 7 GNLU Journal of Law Development and Politics (GJLDP)
8 9 NLIU Law Review (NLIU LR)
9 6 Nirma University Law Journal (NULJ)
10 New Comparative Constitutional Law and Administrative Law Quarterly (CALQ)

†The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

AchievementsLaw School News

NUJS LR holds on its top ranking

The rankings† for July 2020 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 National Law School of India Review (NLSIR)
3 3 Indian Journal of Arbitration Law (IJAL)
4 4 Aligarh Law Journal (ALJ)
5 5 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
6 7 Nirma University Law Journal (NULJ)
7 6 GNLU Journal of Law Development and Politics (GJLDP)
8 8 Chanakya National Law University Journal (CNLU J)
9 9 NLIU Law Review (NLIU LR)
10 10 RGNUL Financial and Mercantile Law Review (FMLR)

 

†The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

AchievementsLaw School News

RMLNLU Law Journal jumps three ranks to number 5

The rankings† for June 2020 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 National Law School of India Review (NLSIR)
3 3 Indian Journal of Arbitration Law (IJAL)
4 4 Aligarh Law Journal (ALJ)
5 8 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
6 5 GNLU Journal of Law Development and Politics (GJLDP)
7 6 Nirma University Law Journal (NULJ)
8 7 Chanakya National Law University Journal (CNLU J)
9 9 NLIU Law Review (NLIU LR)
10 10 RGNUL Financial and Mercantile Law Review (FMLR)

 

†The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

The Journal of the Indian Law Institute (JILI) will not longer be ranked – Editors

AchievementsLaw School News

Indian Journal of Arbitration Law wrests back the third spot. RGNUL Financial and Mercantile Law Review back in the rankings

The rankings† for May 2020 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 National Law School of India Review (NLSIR)
3 4 Indian Journal of Arbitration Law (IJAL)
4 3 Aligarh Law Journal (ALJ)
5 7 GNLU Journal of Law Development and Politics (GJLDP)
6 5 Nirma University Law Journal (NULJ)
7 8 Chanakya National Law University Journal (CNLU J)
8 6 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
9 9 NLIU Law Review (NLIU LR)
10 New RGNUL Financial and Mercantile Law Review (FMLR)

†The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

The Journal of the Indian Law Institute (JILI) will not longer be ranked – Editors

AchievementsLaw School News

Aligarh Law Journal moves up the ranking

The rankings† for April 2020 are:

Rank Rank Last Month Name of Journal
1 1 National University of Juridical Sciences Law Review (NUJS LR)
2 2 National Law School of India Review (NLSIR)
3 4 Aligarh Law Journal (ALJ)
4 3 Indian Journal of Arbitration Law (IJAL)
5 5 Nirma University Law Journal (NULJ)
6 8 Ram Manohar Lohiya National Law University Law Journal (RMLNLU LJ)
7 6 GNLU Journal of Law Development and Politics (GJLDP)
8 7 Chanakya National Law University Journal (CNLU J)
9 9 NLIU Law Review
10 10 GNLU Law Review

†The Law Reviews will be ranked as per the number of times the articles are accessed on SCC Online® for a calendar month.

The Journal of the Indian Law Institute (JILI) will not longer be ranked – Editors

Cases ReportedSupreme Court Cases

A tribute to Dr Shamnad Basheer: This article is a tribute to Dr Shamnad Basheer, an Indian legal scholar and founder of the blog SpicyIP. He was also the founder of IDIA, a trust which works on making legal education accessible for underprivileged students. Dr Shamnad Basheer was also a Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the WBNUJS, Kolkata. [In Memory Of Shamnad Basheererby Ruma Pal, (2020) 1 SCC (J-1)]

A tribute to Dr Shamnad Basheer: This article is also a tribute to Dr Shamnad Basheer, an Indian legal scholar and founder of the blog SpicyIP. He was also the founder of IDIA, a trust which works on making legal education accessible for underprivileged students. Dr Shamnad Basheer was also a Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the WBNUJS, Kolkata. [Shamnad: An Exceptional Scholar And Humanistst by Mahendra Pal Singh, (2020) 1 SCC (J-3)]

Criminal responsibility with and without mens rea: Jerom Hall’s rationalisations of the mens rea doctrine have virtually turned it into a cardinal tenet of criminal liability that continues to dominate the criminal liability thinking to the present day. But in the post industrialised societies the growing spectre of objective criminal liability and increasing incidence of strict liability are posing a tough challenge to the mens rea hegemony. Apart from the challenges that emerge from the traditions and the legislative initiatives, the most powerful critique of mens rea has come from the thoughts and writings of Lady Barbara Wootton, whose anti-mens rea thesis have posed a ground level challenge. As against Lady Barbara Wootton’s preventive, non-punitive and pro-strict liability conceptualisation of criminal responsibility, Professor H.L.A. Hart, as a traditionalist, upholds the punitive criminal law system that is strongly anchored on a guilty mind or mens rea element. In this article, the author has discussed the Hart/Wootton debate about criminal responsibility without mens rea and the implications for the common law offences in the United Kingdom and Penal Code and statutory law offences in India. [The Hart/Wootton debate about criminal responsibility without mens rea: Implications for the common law offences in the United Kingdom and Penal Code and statutory law offences in India by Professor B.B. Pande, (2020) 1 SCC (J-8)]

Cheque proceedings against a company during insolvency proceedings: The National Company Law Appellate Tribunal recently in Shah Bros. Ispat (P) Ltd. v. P. Mohanraj, 2018 SCC OnLine NCLAT 415, approved parallel continuation of proceedings under the Negotiable Instruments Act, 1881 against a company subjected to moratorium while undergoing resolution process under the Insolvency and Bankruptcy Code, 2016. The decision of NCLAT raises multiple issues ranging from an apparent conflict between the NI Act and the IB Code to practical impossibilities in allowing both the proceedings to continue simultaneously. The object of the article is to discuss the legal problems that may arise in light of the decision in Shah Bros. Ispat case, and why the decision needs to be revisited in light of the settled law. [Cheque proceedings against a company during insolvency proceedings – A legal complication by Akaant Kumar Mittal, (2020) 1 SCC (J-23)]

Emergency arbitration: The concept of an emergency arbitrator involves a mechanism by which a party to an arbitration agreement who wishes to seek an urgent pro tem or protective measure may apply for appointment of an arbitrator even before the constitution of the Arbitral Tribunal. This is usually done to secure the disputed amount or property, prevent disclosure of proprietary information, or preserve evidence before it is destroyed. In this article, the author has discussed the history of the practice of emergency arbitration, its status around the world and in India and the issues surrounding enforcement of their awards. The author has also suggested that merely having emergency arbitrator within the ambit of “Arbitral Tribunal” is not sufficient and measures should be taken to make the practice of an emergency arbitrator more effective.[ Emergency arbitrators and the issues surrounding enforcement of their awards: An Indian perspective by Vardaan Bajaj, (2020) 1 SCC (J-30)]