INTERNATIONAL HUMANITARIAN LAW- A BRIEF ANALYSIS [PART 1]

TANU PRIYA

SIDDHARTHA LAW COLLEGE, DEHRADUN

(First Published on Volume 01 Issue 01, May 2016)

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INTRODUCTION

The international humanitarian law is comprised of international rules, established by treaty or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts. Its principal aims are to protect persons and property that are, or may be, affected by the conflict - e.g. civilians and prisoners of war and civilian objects - and to limit the right of the parties to a conflict to use methods and means of warfare of their choice.

HON’BLE MR. JUSTICE T.S. THAKUR (TEERATH SINGH THAKUR) - A BIOGRAPHY

NAMRATA CHOUDHARY & RUCHITA VERMA

SIDDHARTHA LAW COLLEGE, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Born on 4^th January 1952, Justice T. S. Thakur was elevated to be the 43^rd Chief Justice of India. He previously was Chief Justice of Delhi High Court. Since 17^thNov. 2009 he has been an acting judge of Supreme Court. Justice Thakur has been serving Indian legal system, a way back from 1972 were he was first enrolled as a pleader. He started his carrier under the chamber of his father Late Shri Devi Das Thakur.

THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 2]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Circumstances destroying or weakening the binding force of the precedents.

a)    Abrogated decisions- A decision ceases to be binding if a statute or a statutory rule, inconsistent with it is subsequently enacted or it is reversed or overruled by a higher court. Reversal occurs when the same decision is taken on appeal and it is reversed by the appellate court. Overruling occurs when the higher court declares in another case that the precedent case was wrongly decided and it is not to be followed.

THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 1]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Abstract

Ratio Decidendi, a term that every lawyer hunts for its clear and precise meaning. Although it is a difficult task to search for ratio of a case, but those who succeed in doing so, are supposed to have a good and in depth knowledge of a case.

EMPOWERING SANTHARA THROUGH LAW [Part 2]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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PROCEDURE TO PERFORM SANTHARA

Acaramga is the first set of discourses of Mahavira whose history can be traced back 2500 years prior. It is the principal ordinance of Jains, similar to Vedas of Hindus, Bible of Christians, Quran of Muslims and so on. It expresses that:

EMPOWERING SANTHARA THROUGH LAW [Part 1]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

May death be Auspicious!

-Acarya Vidhyananda Muni^[1]

History of Jainism can be traced back to 2,500 years ago and it still prevails in India. It is mainly represented by nonviolence (ahimsa). Jainism proscribes violence against all living things. It necessitates mendicants as well as laymen to be veracious vegetarians. The practice of fasting unto death i.e., santhara is celebrated as pious-ritual in Jainism though they are strictly against violence.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 2]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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ARBITRAL TRIBUNAL & RES JUDICATA

The arbitrators which determine the outcome of the dispute are called the arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith.

THE ROAD FROM CODIFICATION TO IMPLEMENTATION: A CRITICAL VIEW OF VISHAKA GUIDELINES TO THE PRESENT LAW

ANNIE MAMPILLY

NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES (NUALS), KOCHI 

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

"Frailty, thy name is woman", was the ignominy heaped upon women of Victorian Era by William Shakespeare in 'Hamlet'. This ignominy garners momentum even today. This submission lays focus on the long road from codification of a law to the practical implementation of the same with reference to the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

PRIOR CONSENT TO INTERNATIONAL DIRECT SATELLITE BROADCASTING

ISBN 0-7923-0692-9

Year of Publication 1990

Martinus Nijhoff Publishers: London

MOUMITA MANDAL

CENTRE FOR INTERNATIONAL LEGAL STUDIES, JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI, INDIA.

(First Published on Volume 01 Issue 02, July 2016)

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The author has focused on the emergence of international legal instruments regarding international direct satellite broadcasting (DSB) and perceptions of States on DBS.  This book has been divided into three chapters. The first chapter has focused on the States perceptions on DBS and this chapter has shown that the world has been divided into three parts as the opinions of the Western nations, the opinions of East bloc states and the opinions of developing countries.

A LEGAL ANALYSIS OF THE MERCHANT OF VENICE WILLIAM SHAKESPEARE

HARSH MAHASETH

NALSAR UNIVERSITY OF LAW, HYDERABAD, INDIA

(First Published on Volume 01 Issue 02, July 2016)

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The Merchant of Venice is a Shakespearean play which revolves around a loan taken by a Venetian Christian merchant, Antonio, from a Jewish money-lender, Shylock. A conditional agreement was made between both of them that Shylock was to extract a pound of Antonio’s flesh which is closest to his heart if he is unsuccessful in returning the loan amount on time.