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National Law School of India University

1994

Articles 1 - 25 of 25

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Harassed Husbands- Kusum, Prabha Koteshwaran Jul 1994

Harassed Husbands- Kusum, Prabha Koteshwaran

National Law School Journal

No abstract provided.


Crminology, Victiomology And Corrections- V.V Devasia, Leelamma Devasia, Sv Joga Rao Jul 1994

Crminology, Victiomology And Corrections- V.V Devasia, Leelamma Devasia, Sv Joga Rao

National Law School Journal

No abstract provided.


An Introduction To Legislative Drafting- Pm Bakshi, Gs Srividya Jul 1994

An Introduction To Legislative Drafting- Pm Bakshi, Gs Srividya

National Law School Journal

No abstract provided.


The Law Relating To Injunction In India- Woodroffe, L Vishwanathan Jul 1994

The Law Relating To Injunction In India- Woodroffe, L Vishwanathan

National Law School Journal

No abstract provided.


Living Islam- Prof. Akbar S Ahmed, V.R Krishna Iyer Jul 1994

Living Islam- Prof. Akbar S Ahmed, V.R Krishna Iyer

National Law School Journal

No abstract provided.


Convocation Address, Shankar Dayal Sharma Jul 1994

Convocation Address, Shankar Dayal Sharma

National Law School Journal

No abstract provided.


From Internationalism To Globalisation: Implications Of Dunkel Draft, A Jayagovind Jul 1994

From Internationalism To Globalisation: Implications Of Dunkel Draft, A Jayagovind

National Law School Journal

In this article, Dr. A Jayagovind analyses the impact of the Dunkel Draft Text that the Government of India is confronted with. He begins with the massive internal (socialism to liberalization) and international (internationalism to globalization) shift and the anxieties involved in this transition. However, he is persistent about safeguarding one’s own vital national interests. He says that it is nobody's case that socialism and internationalism have proved to be an absolute success. A remedy to liberalization must be monitored so as to mitigate the systemic rigidity. Furthermore, it is a given that what was good in the fifties and …


The Human Rights Of Indigenous Australians, Kamal Puri Jul 1994

The Human Rights Of Indigenous Australians, Kamal Puri

National Law School Journal

Out of the estimated 15000 cultures remaining on earth, Australian Aborigines represent the world's oldest living culture. In spite of having a long history, it was around 1770 that Europe took notice of the rich cultural heritage and the Aboriginal civilization. With the advent of the British settlement in 1788 till about 1960’s, the laws of the Commonwealth, six States and two Territories of Australia have demonstrated no respect for the rich Aboriginal culture and their proprietary rights in land as well as intellectual property, and their human rights. Australia's accession to the First Optional Protocol combined with the Law …


Sociology Of Law: Multidisciplinary Approach, Kc Gopalakrishnan Jul 1994

Sociology Of Law: Multidisciplinary Approach, Kc Gopalakrishnan

National Law School Journal

Socio-legal research has two primary approaches. It focuses on social problem-social engineering and social context in laying out the relationships between norms, sanctions, and regulations. Within the realm of Sociology of Law, the article restricts the discussion only to sociological criminology, crime as a social phenomenon. The focus is to explore the interplay between criminal law, criminally defined behaviour and social and control reaction. In spite of the studies by various committees, white collar crimes (especially in the fiscal field) are seen to be tolerated in non-socialist countries including India. However, in India, some studies on white collar crimes and …


Indian Legal Research: An Agenda For Reform, Gurjeet Singh Jul 1994

Indian Legal Research: An Agenda For Reform, Gurjeet Singh

National Law School Journal

The present paper highlights the drawbacks and inadequacies of Indian legal research. An attempt has also been made to suggest remedial measures for improving the quality and enhancing the status of legal research in our law schools and university departments. Comparing the state of legal research in the UK and India, the author says that for legal research to be effective, original, and meaningful, law teachers and researchers should be provided at least basic and minimum facilities. One significant intervention is to cultivate the habit of writing in the scholar and he will thus have to learn alternative methodologies and …


What Ails The Judiciary?, David Annoussami Jul 1994

What Ails The Judiciary?, David Annoussami

National Law School Journal

The tenure of the post of the judiciary is such that there is a constitutional guarantee that no disciplinary action except removal is possible in respect of judges of the Supreme Court and High Court. The procedure for removal is way too complicated to be implemented. However, a situation analogous to removal consists in the non-regularisation of additional Judges. Their status is most precarious. They can be made permanent only at the pleasure of the Government. Another form of disguised punishment impairing the independence of Judges of the High Court is the possibility of their transfer. Transfer for a Judge …


Criminal Justice And Canadian Charter Of Rights And Freedoms, Martin L Friedland Qc Jul 1994

Criminal Justice And Canadian Charter Of Rights And Freedoms, Martin L Friedland Qc

National Law School Journal

In 1982, Canada enacted the Canadian Charter of Rights and Freedoms. Its interpretation should be of interest to jurists in India. No doubt the most fascinating comparison that could be made between the Canadian Charter and the Indian Constitution is in comparing the Canadian section 7 and the Indian Article 21. Section 7 of the Charter provides that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice". The Canadian Charter of Rights and Freedoms has now been in operation for …


Human Rights Movement In Colonial India- An Historical Perspective, Sitharamam Kakarala Jul 1994

Human Rights Movement In Colonial India- An Historical Perspective, Sitharamam Kakarala

National Law School Journal

The present paper seeks to provide a broad historical outline of the emergence and growth of human rights consciousness and movement in colonial India. Largely, it was observed that the rights consciousness was connected to the emergence of organized landed gentry and middle class. They tended to perceive 'civil liberties' as something that only advanced sections of the natives can enjoy and appreciate. Rowlatt Satyagraha, the struggle against the Rowlatt Act, was a watershed development in the history of human rights movement in India. The significance becomes pertinent because the focus of the civil liberties changed from 'equality' with the …


Crisis In The Adjudication Of Termination Disputes: A Study Of The Procedures And Working Of Labour Courts At Bangalore, V Nagaraj Jul 1994

Crisis In The Adjudication Of Termination Disputes: A Study Of The Procedures And Working Of Labour Courts At Bangalore, V Nagaraj

National Law School Journal

The change in the philosophy of the State and the development of Labour Jurisprudence have eroded most of the prerogatives of the employer in hiring and firing workmen. The terminated workmen now have the right to challenge the termination. The Labour Courts established under the Industrial Disputes Act 1947 as specialised bodies are conferred with wide powers unknown to the common law system. They have the duty to see whether the principles of Natural Justice are followed while taking disciplinary action and whether the punishment inflicted is in proportion to the misconduct. They can also look into the bonafides of …


Federalism And All India Services: An Evaluation, Narayana . Jul 1994

Federalism And All India Services: An Evaluation, Narayana .

National Law School Journal

To judge the constitutional propriety and administrative implications of the All-India Services, what is most important to consider is not the norms and requisites of federalism, as expounded and emphasised by the respectable and competent authorities in the field of federalism but the acute felt needs and requirements of Indian administration and the specific purposes or goals for which the Constitution has created and further empowered Parliament to create the All-India Services. The institution of All-India Services is not designed to cripple the States' administrative autonomy or deliberately upset the federal balance, as it has been endeavoured to be made …


Text Book On Criminology-Katherine S Williams, Sv Joga Rao Jul 1994

Text Book On Criminology-Katherine S Williams, Sv Joga Rao

National Law School Journal

No abstract provided.


Dr. Ambedkar And Empowerment: Constitutional Vicissitues- K.I Vibhute, A Jayagovind Jul 1994

Dr. Ambedkar And Empowerment: Constitutional Vicissitues- K.I Vibhute, A Jayagovind

National Law School Journal

No abstract provided.


Towards Gender Justice- S.P Sathe, Asha Bajpai Jul 1994

Towards Gender Justice- S.P Sathe, Asha Bajpai

National Law School Journal

No abstract provided.


In The Public Interest: Savitri Goonsekere, Mario Gomez Jul 1994

In The Public Interest: Savitri Goonsekere, Mario Gomez

National Law School Journal

No abstract provided.


The Philosophical Foundations Of Nineteenth Century German Jurisprudence: The Historical School Of Law And Legal Positivism, Gerhard Dilcher Jul 1994

The Philosophical Foundations Of Nineteenth Century German Jurisprudence: The Historical School Of Law And Legal Positivism, Gerhard Dilcher

National Law School Journal

As an outline of German jurisprudence, the political and constitutional conditions in Germany are of significance. In this article, the genesis of the Historical School of Law, founded by Savigny takes into account the broader dimensions of Roman and German legal sources. The latter were formulated through historical, hermeneutical and terminological, systematological methods to solve legal problems in the developing bourgeois industrial society. Ultimately, German law gave in to a politically and sociologically founded legal science by incorporating organic reforms as opposed to a revolution. Savigny's concept of the evolution of law is based on the term "Volk", "people", as …


Editorial, Asha Bajpai Jul 1994

Editorial, Asha Bajpai

National Law School Journal

No abstract provided.


Custodial Deaths, Ps Krishna Deva Rao Jul 1994

Custodial Deaths, Ps Krishna Deva Rao

National Law School Journal

There exists very less Police violence and its role in custodial deaths. The continuous use of police and para-military forces to silence the dissent and resolve social rebellions has eroded the legitimacy of the state. However, without any credible information on the scope and universality of the problem, the public stays with the thought that the abuses are more aberrational than systemic. The custodial crimes are qualitatively different from other crimes due to the fact that what happens in police station is not open to public scrutiny. Due to lack of accessibility, there is an appeal towards making police operations …


Lawyering And Litigating In Indian Courts: Some Litigant Perspectives, Sasheej Hegde Jul 1994

Lawyering And Litigating In Indian Courts: Some Litigant Perspectives, Sasheej Hegde

National Law School Journal

This paper is an extract from the author's doctoral dissertation in the Sociology of law. It describes and represents perceptions and experiences of litigants with our courts and with lawyers and judges. It focusses on issues devolving on questions of the law's legitimacy and the nature and effects of dispute processing. The data, drawn from interviews with only 65 litigants at various levels of the court system, even if not facilitative of generalizations, does throw light on aspects of what may be termed the phenomenology of lawyering and litigating in Indian courts or, more precisely, everyday legal practices. The data …


Plea For State Law Universities And Other Reforms In Legal Education, M Jagannadha Rao Jul 1994

Plea For State Law Universities And Other Reforms In Legal Education, M Jagannadha Rao

National Law School Journal

In India there exists 464 law colleges. On presenting an account of the quality of legal education in India, Dr. Radhakrishnan observed that 'our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an area of profound scholarship and enlightened research'. The Upendra Baxi Committee observed in 1989 that the bulk of law colleges suffer from lack of full-time teachers, virtual absence of libraries, staggering emoluments, absentee students, mass copying at examinations, inadequate physical and financial resources and in most cases, law colleges are neither recipients of Government grant-in-aid …


The Indian Constitution And International Law- P Chandrasekhara Rao, M.K Ramesh Jul 1994

The Indian Constitution And International Law- P Chandrasekhara Rao, M.K Ramesh

National Law School Journal

No abstract provided.