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Contents


Editorial Note …………………………………………………………………………  ix

Articles


The Goldfish Model of Arbitration: An ‘Out-Of-Bowl’ Approach to Demystifying Procedural Laws in Commercial Arbitration

—Garv Malhotra ………………………………………………………………..  1

Necessity in Investment Arbitration: Essential Security Interests in the Devas Era

—Sujaya Sanjay ………………………………………………………………..  17

Exploring the Prospects of a Preliminary Rulings System in Icsid Arbitration: An Efficient and Affordable Alternative to an Appellate System

—Chitransh Vijayvergia  ………………………………………………………  39

Garware Wall Ropes and Indo Unique: The Road Ahead in Treatment of Arbitration Clauses Contained in Unstamped Instruments

—Anu Shrivastava ……………………………………………………………..  66

Confidentiality under the Indian Arbitration Regime

—Jaideep Khanna………………………………………………………………. 84

Call For PapersLaw School News

ABOUT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

The Rajiv Gandhi National University of Law, Patiala (RGNUL) is an autonomous National Law University (NLU) established by the RGNUL Act (No. 12 of 2006) passed by the Legislature of the State of Punjab, under the second wave of reforms instituted by the Bar Council of India. Established in 2006, RGNUL has garnered a pan-India reputation as a stellar institution for legal research and education. In May 2015, RGNUL became the first and the only NLU to have been accredited by the National Assessment and Accreditation Council (NAAC) with an ‘A’ grade. In March 2018, RGNUL was amongst the four NLUs to have been granted an autonomous status by the University Grants Commission.

The University has been ranked among the top 10 law schools in India in the National Institutional Ranking Framework (NIRF), by the Union Ministry of Human Resource Development, Government of India.

ABOUT RFMLR

RGNUL Financial and Mercantile Law Review (RFMLR) is a bi-annual, student-run, double-blind peer-reviewed law journal published by the Rajiv Gandhi National University of Law, Punjab. The Journal was first published in the year 2014 and gives an opportunity to the legal academia, legal professionals, and law students to contribute cutting-edge doctrinal and empirical research in the field of business and commercial laws. The Journal is indexed on SCC Online and has been ranked amongst the ten most accessed law school journals by SCC Online. The Editorial Board also collaborates with various legal experts and undertakes various academic initiatives to promote study and research in the field of business and commercial laws.

In our previous issues, the Peer Board of the Journal has been graced by the presence of various legal luminaries from top law firms in India, including Shardul Amarchand Mangaldas & Co., Khaitan & Co., J. Sagar Associates, Cyril Amarchand Mangaldas, Anand & Anand, Nishith Desai Associates, Economic Laws Practice, Talwar Thakore & Associates, Kochhar & Co., Dua Associates, and more. Further, the Journal has previously received guest articles from leading professionals and academicians from top law firms and law schools across India.

The Editorial Board organized the RGNUL-SAM Conclave on Arbitration in Practice, 2021 in collaboration with Shardul Amarchand Mangaldas & Co. along with Singapore International Arbitration Centre (SIAC) and Bar & Bench as the Associate and Media Partner, respectively. Further, the Editorial Board also organised the Colloquium on GST Laws in association with Lakshmikumaran & Sridharan Attorneys in February 2020, which witnessed participation from industry professionals as well as students across India.

About Volume IX Issue I

In Volume IX Issue I, the Editorial Board aspires to undertake a comprehensive review of recent happenings across all domains of business laws, and thus, has decided to invite submissions relating to all areas of business and allied laws. In furtherance, the author(s) can make submissions pertaining to various areas of business and commercial laws such as corporate law, mergers and acquisitions, competition, insolvency, banking and finance, insurance, capital markets, securities, dispute resolution and ADR, international trade, investment funds, labour and employment, taxation, intellectual property, real estate, technology, media & telecommunication, and white-collar crimes. Submissions encouraging an insightful discourse around any contemporary developments in the field of business and allied laws are also welcome.

Eligibility

The Editorial Board invites submissions from legal practitioners, professionals, academics, and law students.

Categories of Submission and word limit

RFMLR accepts submissions in the following categories:

  • Long article: 6000-12,000 words
  • Short article: 4000-6000 words
  • Case Comment: 3000-5000 words
  • Book Review: 1500-3000 words

The word limit is exclusive of footnotes.

Submission Guidelines

  • The submissions shall be written in the English language only.
  • Co-authorship is limited to a maximum of two authors.
  • Any form of plagiarismis strictly prohibited and the submission shall be original, unpublished, and an outcome of the author’s own efforts.
  • The author(s) are required to submit an abstract, not exceeding 250 words, within their manuscript.

 

Submission Procedure

  • The manuscripts shall be submitted through this Google Form only. Submissions made through any other mode will not be entertained.
  • Each author is allowed to submit a maximum of one manuscript.
  • Manuscript is to be submitted in .doc or .docx format.
  • The author(s) shall submit the manuscript along with a duly signed Certificate of Originality and Copyright (in this format).

Submission Deadlines:

  • The author(s) shall submit the manuscript along with the duly signed Certificate of Originality and Copyright (in the attached format) via this form latest by October 30, 2021.

CONTACT DETAILS

Aditya Mathur (Managing Editor): +91-9654899130

Soumya Tiwari (Managing Editor): +91-7000855319

Talin Bhardwaj (Senior Editor): +91-9592191016

WRITE TO THE EDITORIAL BOARD AT RFMLR@RGNUL.AC.IN

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Table of Contents


Articles


Theory of Mutual Consent of Divorce – A Development Based Anecdote

Nirmala Devi & Arshdeep Singh Sanghera ……………………………….. 1

E-Governance Policy of the Government under The Catchphrase of Digital India

Harpreet Kaur ……………………………………………………………….. 11

International and National Developments in Victimology with Special Reference to the Constitution of India, 1950

Gurneet Singh ……………………………………………………………….. 25

Recent Trends on Rape Laws in India: An Appraisal

Jaswinder Kaur & Lovepreet Kaur ……………………………………….. 46

Death Penalty: A Jurisprudential Aspect

Kamaljit Kaur & Priya Agarwal ………………………………………….. 67

Independent Director and Protection of Investors’ Interest: A Critique

Manoj Kumar Sharma & Mayank Tiwari ………………………………… 75

Evaluating Passing Off Actions Under the Trade Marks Act and The Road Ahead

Himanshu Pandey & Shivam Tripathi ……………………………………. 87

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Contents


Articles


India’s Electoral Legal System: Need for Structural Reform

Krishan Mahajan………………………………………………………………… 1

Elections and Election Commission of India: A Contemporary Evaluation

Afroz Alam ………………………………………………………………………..  9

Significance of the Ballot System in the Indirect Elections in India: with Special Reference of Rajya Sabha

Uday Shankar & Ashok Vardhan Adipudi …………………………………..  19

Validating Democracy through Proportional Electoral System

Ayaz Ahmad …………………………………………………………………….  38

An Integrated Approach to Resolve the Crisis of Defection in India

Chirag Balyan ………………………………………………………………….  50

First Past the Post System and its Limitations: A Case for Proportional Representation in India

Parth Sharma …………………………………………………………………..  82

Evaluating Criminal Disenfranchisement in India

Abhijit Anand & Tapan Vahal ………………………………………………..  96

Violations of Model Code of Conduct and Accountability of Election Commission of India

Neelesh Shukla & Hartej Singh Kochher ………………………………….  113

Electrising the Scourge Over Electoral Corrupt Practices

Shivani Puri & Prateek Kumar ……………………………………………..  128

E-Bonds: Code Anonymous in Indian Elections

Vrinda Bhardwaj & Kumar Mangalam ……………………………………  144

Breaking the Shackles: Recognising Election Manifestos as Legitimate Expectations

Omkar Upadhyay ……………………………………………………………..  156


Case Comments


Contextualizing Religious Politics and Elections in India: Judicial Discourse in Abhiram Singh v. C.D. Commachen

Yogesh Pratap Singh & Siddharth Panda …………………………………  173

A Missed Chance to De-Criminalise Indian Politics: A Comment on Manoj Narula v. Union of India

Nikita Pattajoshi & Swayamsiddha Mishra ……………………………….  184


Book Reviews


Navin Chawla, “Every Vote Counts: The Story of India’s Elections”

Rajat Solanki & Nidhi Chauhan …………………………………………….  195

Alok Shukla, “Ambush: Tales of the Ballot”

Deban Satyadarshi Nanda …………………………………………………..  204

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Contents


Foreword ……………………………………………………………………..  vii

Editorial Note …………………………………………………………………  xi

Re-Examining India’s Juvenile Justice Framework: A Call to Recognize A Juvenile’s Mitigated Culpability and Potential for Reform

—Anshul Rahul Dalmia & Stuti S. Kokkalera ……………………………..  1

Does an Increase in the Legal Age of Marriage for Women Guarantee Equality for Women in India?

—Jagriti Gangopadhyay ………………………………………………….  23

Disability And Care

—Jonathan Herring ……………………………………………………….  35

Preventive Detention Laws in India

—Neha Singhal ……………………………………………………………  51

Information Transparency Requirements in Indian Contract Law and Their Application in E-Commerce – Results from an Empirical Survey

Ognyan Seizov & Alexander J. Wulf ……………………………………..  64

Financial Data Protection in Indian Regulatory Policy: From ‘Secrecy’ and ‘Confidentiality’ to ‘Privacy’

—Shohini Sengupta ……………………………………………………….  85

Justice Delayed: A District-Wise Empirical Study on Indian Judiciary

—Varsha Aithala, Rathan Sudheer & Nandana Sengupta ……………  106

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Articles

Indian Courts and Divorce in Muslim Personal Law- A Case of Transformative Constitutionalism for Triple Talaq

Abhishek Mishra   1

Patent Regime and Drug Pricing Regulations: An Intertwining Thread in Determining Accessibility and Affordability of Essential Medicines in India

—Uday Shankar & Nidhi Mehrotra   28

Entrenching Access to Justice Via Court Annexed ADR in Nigeria: Its Benefits and Challenges

—Ayinla, L.A. & Afolabi, Y.S.   46

Development and Environment Discourse: An Understanding with Reference to Uttar Pradesh

—Sanjay Singh  . 59

Presumptions under the Protection of Children from Sexual Offences Act, 2012: A Jurisprudential Analysis

Kumar Askand Pandey & Shivani Tripathi   75

Take or Pay Clauses in Fuel Supply Agreements in India: An Overview

Badrinath Srinivasan   86

From Dream to Broken Relationship – Fraudulent Non – Resident Indian (NRI) Marriages in India: A Critical Study

Sangita Laha  . 109

Gender, Political Parties and Representation: A Study of Lucknow Municipal Corporation

Shailja Singh   121

Emerging Dimensions of Consumer Protection Law in India

Manoj Kumar  . 133

Unity in Diversity: Fratricidal Issues in India

Suvir Kapur  . 150

WTO’s Interpretation of GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures

Sakshi Gupta  . 158

Snag of Electronic Evidence

—Vipul Vinod  . 166

A Critical Analysis of the Implication of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018 on Corporate Governance in India

—Kumud Malviya  . 176

Language and Future of Legal Education: Contemporary Challenges

—Subir Kumar & Priya Vijay  . 191

Decoding the Law on Frustration of Contract: The Case of Satyabrata Ghose

—Iish Vinay & Assem Kumar Jha   200

Case Comment

The Issue of Consequential Seniority Pursuant to Reservation in Promotion in Government Services: Comment on B. K. Pavitra v. Union of India

—Manwendra Kumar Tiwari  . 211

Comment

Whether Citizenship Amendment Act, 2019 is Against the Concept of Secularism: An Appraisal

—Rajneesh Kumar Yadav   220

Book Review

Disaster Management and Protection of Human Rights in India: With Special Reference to International Law and Practice by Subhradipta Sarkar

Debasis Poddar  227

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Table of Contents

What does it Take to be a Human Being: Issues of Conferring Citizenship and Civil Rights on ‘Intelligent Machines’

Ravi Shankar Pandey 1

Victims of the Virtual Vortex: Regulating the Video Game Industry in India

Aaroha Kulkarni 18

Tackling Illegal Sports Streaming: Time to Strengthen the Copyright Regime?

Mohit Kar and Shreya Sahoo 33

To Censor or Not to Censor: Regulation of Content on OTT Media Platforms in India

Astha Pandey and Pranjal Pandey 46

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Articles

A RIGHT TO THE INDIAN CITY? LEGAL AND POLITICAL CLAIMS OVER HOUSING AND URBAN SPACE IN INDIA………………1

—Mathew Idiculla

COEXISTENCE AND VIOLENCE: THE CASE FOR EQUALITY OF OPPORTUNITY IN SRI LANKA………………………………….26

—Gehan Gunatilleke

‘ESSENTIAL RELIGIOUS PRACTICES’ DOCTRINE AS A CAUTIONARY TALE: ADOPTING EFFICIENT MODALITIES OF SOCIO-CULTURAL FACT-FINDING……………………………………………………………………….. 46

—Mary Kavita Dominic

Mob, Murder, Motivation: The Emergence of Hate Crime Discourse in India …………………………………………………………………………………………76

—M. Mohsin Alam Bhat

Notes from the Field

Anti-Terrorism Courts And Procedural (In)Justice: The Case Of The National Investigation Agency (Nia) Special Courts In South Chhattisgarh, India………………………………………. 109

—Shikha Pandey

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Contents

Articles

DESIGNED FOR ABUSE: SPECIAL CRIMINAL LAWS AND RIGHTS OF THE ACCUSED…………………………………………………………………………………………. 1

—Kunal Ambasta

UNIFORMITY IN DIVERSITY?: REFLECTING ON THE ESSENTIAL PRACTICES DOCTRINE AND ITS IMPLICATIONS FOR LEGAL PLURALISM      ………………………………………………………………………………………………………..17

—Kalindi Kokal

WHOSE FOREST IS IT AFTER ALL?……………………………………………………. 29

—Ujal Kumar Mookherjee and Manjeri Subin Sunder Raj

PROTECTION OF HARMED INVESTORS: THE MISSING LINK IN THE DISGORGEMENT ORDERS OF THE SEBI……………………48

—S.N. Ghosh

OPERATIONAL CREDITORS IN INSOLVENCY: A TALE OF DISENFRANCHISEMENT…………………………………………………………..68

—Sudip Mahapatra, Pooja Singhania and Misha Chandna

Essays

RIGHTS ISSUES – UNTYING THE KNOTS……………………………………………… 82

—Sayantan Dutta

ETHICAL HACKERS UNDER THE INFORMATION TECHNOLOGY ACT: THE CYBER TERRORISM CONUNDRUM AND ‘PROTECTED’ SYSTEMS…………………………………………………………………………………………………………………………………………..93

––Vivek Krishnani

Book Review

PRIVACY 3.0: UNLOCKING OUR DATA-DRIVEN FUTURE BY RAHUL MATTHAN…………………………………………………………….103

—Amlan Mishra

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Contents

Articles

India’s Electoral Legal System: Need for Structural Reform

Krishan Mahajan………………………………………………………………… 1

Elections and Election Commission of India: A Contemporary Evaluation

Afroz Alam ………………………………………………………………………..  9

Significance of the Ballot System in the Indirect Elections in India: with Special Reference of Rajya Sabha

Uday Shankar & Ashok Vardhan Adipudi …………………………………..  19

Validating Democracy through Proportional Electoral System

Ayaz Ahmad …………………………………………………………………….  38

An Integrated Approach to Resolve the Crisis of Defection in India

Chirag Balyan ………………………………………………………………….  50

First Past the Post System and its Limitations: A Case for Proportional Representation in India

Parth Sharma …………………………………………………………………..  82

Evaluating Criminal Disenfranchisement in India

Abhijit Anand & Tapan Vahal ………………………………………………..  96

Violations of Model Code of Conduct and Accountability of Election Commission of India

Neelesh Shukla & Hartej Singh Kochher ………………………………….  113

Electrising the Scourge Over Electoral Corrupt Practices

Shivani Puri & Prateek Kumar ……………………………………………..  128

E-Bonds: Code Anonymous in Indian Elections

Vrinda Bhardwaj & Kumar Mangalam ……………………………………  144

Breaking the Shackles: Recognising Election Manifestos as Legitimate Expectations

Omkar Upadhyay ……………………………………………………………..  156

Case Comments

Contextualizing Religious Politics and Elections in India: Judicial Discourse in Abhiram Singh v. C.D. Commachen

Yogesh Pratap Singh & Siddharth Panda …………………………………  173

A Missed Chance to De-Criminalise Indian Politics: A Comment on Manoj Narula v. Union of India

Nikita Pattajoshi & Swayamsiddha Mishra ……………………………….  184

Book Reviews

Navin Chawla, “Every Vote Counts: The Story of India’s Elections”

Rajat Solanki & Nidhi Chauhan …………………………………………….  195

Alok Shukla, “Ambush: Tales of the Ballot”

Deban Satyadarshi Nanda …………………………………………………..  204

Case BriefsHigh Courts

Jammu and Kashmir High Court: An application was filed by the petitioner before a Single Judge Bench comprising of M.K. Hanjura, J., against the order where petitioner’s application for bail was rejected.

Facts of the case were such that petitioner was caught carrying banned contraband  Maxcoff-T Syrup and FIR was lodged against him under Sections 8 and 22 NDPS Act pursuant to which he was under arrest. Petitioner had filed an application for bail before Court of the learned Additional Sessions Judge where the same was rejected and thus this application was filed before the High Court. The ground on which petitioner was seeking bail was that the substance found with him was an intermediate quantity of the contraband which does not come under the scales of commercial quantity. Whereas respondent resisted application on the ground of commission of a heinous crime against the society by petitioner.

The Court observed that the quantity required to constitute commercial quantity was 1 kg while the seized quantity was less than 1 kg thus not falling under Section 37 of NDPS Act. Further quantity of 10 gms is actually an intermediate quantity and the seized contraband was found to be falling under this quantity having punishment of 10 years imprisonment with Rs 10 Lakhs fine. Application of petitioner should have been considered under Section 497 of Criminal Procedure Code as the same did not fall under Section 37.  Trying to find the legislative intent behind Section 37 it was observed that the fact that such category of small, intermediate and commercial quantity was made shows that the category of small and intermediate is not at par with the commercial category.

High Court using its discretion well based on the foundation of laws found no reasonable ground for declining bail as the punishment for the alleged offence is not life imprisonment or death penalty. Therefore, bail was granted to the petitioner. With the observations made in this application, Court came to the question of whether the amendment incorporated in Section 167 J&K Criminal Procedure Code was rightly reflected and published in Volume 4 of Gupta’s J&K Laws 2015 edition. It states that the proviso added to Sub-Section 2 of Section 167 has been substituted by the Jammu and Kashmir Criminal Laws (Amendment) Act, 2014 (XI of 2014). It was found that no such Amendment Act as Criminal Laws Amendment Act of 2014 (Act XI of 2014) existed but only of 2013 then too applicable only to few offences but was wrongly applied to all the offences. Therefore, the editors of the publication were questioned, whether they could have published government notifications as the same hampered few bail application where the wrong amendment was applied.  [Firdous Ahmad Payer v. State of J&K,2018 SCC OnLine J&K 742, order dated 17-10-2018]

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TABLE OF CONTENTS

ARTICLES

Dharmic Jurisprudence (Dharmoprudence?) and its Contemporary Relevance

Prof. Dr. A. Lakshminath & Prof. Dr. Mukund Sarda …………………………………………………………………. 1

 

The Paris Accord and Trump Withdrawal

Prof. Komanduri S. Murty & Prof. Dr. A. Lakshminath …………………………………………………………….. 55

 

Intellectual Property in India: the Human Rights Dilemma

Adv. Gaurav Sharma & Dr. Shashikant Hajare …………………………………………………………………………. 70

 

Food Security and Public Distribution System: Response and Policy Initiative Against Hunger in India

Balwinder Singh & Rahul Yadav ……………………………………………………………………………………………….. 80

 

Lifting the Corporate Veil on Shell and Shadow Companies – an Indian Overview

Varun Chopra & Subin Thattamparambil Govindankutty ………………………………………………………… 96

 

Anti Dumping Investigation: A Weapon of Choice or A Shield of Necessity

Sakshat Bansal ………………………………………………………………………………………………………………………. 107

 

Surrogacy (Regulation) Bill 2016- Critical Analysis & Legitimacy and Rights of Unborn Child

Shiren Panjolia & Rowena Colette Dias ………………………………………………………………………………….. 119

 

E-Waste In India: Who Gets The Trash?

Ayushi Sinha & Satya Vrat Yadav ……………………………………………………………………………………………. 133

 

Changing Public Policy for Fostering Competitive Business

Apoorv Ashit & Nitin Pandey ………………………………………………………………………………………………….. 142

 

Criminalisation of Politics: A Maturing Trend in India

Dr. Mayengbam Nandakishwor Singh …………………………………………………………………………………… 156

 

Medical ‘Value’ Tourism Industry in India: An Analysis of the Sector

Anjali Bisht & Meghna P. Sahay ……………………………………………………………………………………………… 166

 

National Health policy: A Step Towards Right to Health

Abhishek Naharia …………………………………………………………………………………………………………………… 185

 

Religious Intolerance and its Impact – a Sociological Study

Shreyashi Jha …………………………………………………………………………………………………………………………. 196

 

Are Ipr and Competition Law in Tussle? : An Interface Between Ipr and Competition Law

Raghvendra Pratap Singh & Vishwanath Pratap Singh ……………………………………………………………. 215

 

Preventing Further Normalisation of “Extrordinary” Ordinance-Making Powers

Shorya Choudhary & John Sebastian ………………………………………………………………………………………. 231

 

Global Jurisprudence: The Rise of a Persuasive Authority

Shridul Gupta ………………………………………………………………………………………………………………………….. 240

 

CASE COMMENTS

Githa Hariharan V. Reserve Bank of India: Impact on Hindu Guardianship Law

Harpreet Singh Gupta ………………………………………………………………………………………,,……………………… 249

 

Case Analysis: Purushottam Dashrath Borate V. State of Maharashtra

Vasundhara Kanoria ………………………………………………………………………………………………………………….. 258

 

NOTE

Haryana’s Drought of Brides and Saga of Exploitation

Priya A. Sondhi and Sarat Chandra Ponnada …………………………………………………………………………….. 263

 

 

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