Law, Politics, and the Bhopal Tragedy: Contrasting American Perspectives After 35 Years, by Julie M. Bunck & Michael R. Fowler

This article reappraises the Bhopal gas leak of 1984, still history’s most tragic industrial accident. After considering the cases brought in U.S. and Indian courts, the two authors devote special attention to the contrasting American perspectives that have developed over time on how the U.S. and Indian legal systems handled the Bhopal case. The article [...]

The Denuclearization of South Asia: Contrasting the Viability of a Nuclear Weapon Free Zone Against Extant Deterrence Postures, by Vishaka Choudhary

The global interest in nuclear disarmament peaked with the international community’s attempt to negotiate a complete ban against the possession, manufacture, acquisition, and use of nuclear weapons in 2016. Thwarting this attempt systemically were both parties and non-parties to the Nuclear Non-Proliferation Treaty, clamouring for cognizance of their security interests and proclaiming the effectiveness of [...]

Influence of Technology on Sports: A Policy Based Perspective, by Wilfred Synrem

Down the years, technology has not only impacted sports but has also nourished it. It has invariably influenced sports both positively and negatively. Positive, in the sense, with the aid of technology, the sport can now be made more efficient or quantifiable. On the contrary, the negative influence is witnessed in the form of cheating, [...]

Intricacies in Taking Judicial Notice, by Dr. V.R. Dinkar

The doctrine of judicial notice allows the adjudication of facts without formal evidentiary requirements. If a fact is judicially noticed it is presumed to be conclusive, which means the fact need not to be proved. The courts often take notice of a fact that is familiar and notorious. However, there are intricacies in deciding whether [...]

Legality of Serving a Summons by Unconventional Means, by Swrang Varma

A discussion of the problems the common Indian man faces in his quest for access to justice focuses on the shortage of judges and the resultant mounting caseload as an explanation for the inordinate delay faced in years of litigation. While that is obviously true, the administration of justice as a whole is broken and [...]

Case Comment: The Ratio Which Was Plain in Sight – Determining Indus Mobile’s True Import, by Utkarsh Srivastava

In the post-BALCO era, numerous judgments dealing with domestic arbitrations have been rendered by the various High  Courts and the Supreme Court in India, but none of them has had the kind of far-reaching effects as the judgment in Indus Mobile has. On the first view, Indus Mobile appears to fall foul of the much-debated [...]

Case Comment: How to Get Away with Murder: Rajasthan High Court Equating Pre-Menstrual Syndrome with Insanity, by Vivek Krishnani

Regrettably, the purpose behind admitting the defence of insanity is often overlooked by the courts and even insanity, that falls way short of the standard of legal insanity results in the acquittal of the accused. This is precisely what has happened in the judgment by the Rajasthan High Court wherein the court has allowed the [...]