India's Legal System (R/J)
India's Legal System (R/J)

Author: Fali S Nariman

Publisher: Penguin UK

Published: 2017-05-24

Total Pages: 107

ISBN-13: 8184757298

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An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all.

Comparative Restorative Justice
Comparative Restorative Justice

Author: Theo Gavrielides

Publisher: Springer Nature

Published: 2021-09-20

Total Pages: 365

ISBN-13: 303074874X

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This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

A Qualified Hope
A Qualified Hope

Author: Gerald N. Rosenberg

Publisher: Cambridge University Press

Published: 2019-08-29

Total Pages: 377

ISBN-13: 1108474500

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Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

Indian Private International Law
Indian Private International Law

Author: Stellina Jolly

Publisher: Bloomsbury Publishing

Published: 2021-10-07

Total Pages: 416

ISBN-13: 1509938192

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This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

Restorative Justice in India
Restorative Justice in India

Author: R. Thilagaraj

Publisher: Springer

Published: 2017-07-04

Total Pages: 202

ISBN-13: 3319476599

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This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University

The State, Democracy and Anti-Terror Laws in India
The State, Democracy and Anti-Terror Laws in India

Author: Ujjwal Kumar Singh

Publisher: SAGE

Published: 2007-01-12

Total Pages: 360

ISBN-13: 9780761935186

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Laws like the Prevention of Terrorism Act (POTA) are enacted to address what the state describes as extraordinary situations and put in place exceptions to the ordinary legal and judicial procedures. By examining public debates surrounding extraordinary laws like POTA and the Terrorist and Disruptive Activities (Prevention) Act (TADA) and also specific cases, trials and judgements under the Acts, the author - argues that extraordinary laws have ramifications for people’s lives, political institutions, the rule of law and democratic functioning; - shows how such laws assume ‘normalcy’ and acquire a place of permanence in state practices; and - examines the ways in which such extraordinary laws manifest dominant configurations of political power and ideology. While exploring the unfolding of POTA in specific contexts, the book shows how the law was enmeshed in the politics of Hindutva, electoral and coalition politics, centre-state relations, the politics of repression and reconciliation against nationality struggles, and issues of poverty and development.

Routledge International Handbook of Restorative Justice
Routledge International Handbook of Restorative Justice

Author: Theo Gavrielides

Publisher: Routledge

Published: 2018-07-27

Total Pages: 608

ISBN-13: 1317041798

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This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.

"ALTERNATE DISPUTE RESOLUTION IN INDIA AND WORKING OF ADR INSTITUTIONS IN HYDERABAD "

Author: N. Jaswanth Rao

Publisher: Laxmi Book Publication

Published: 2023-10-26

Total Pages: 199

ISBN-13: 1312051817

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Law cannot change times, but times may change the law. Prudence provides that change is law of life. Our ancient glory of being the repository of all knowledge – mundane and spiritual – and the potency of traditional piety, enlightened legal acumen for justice resolution as a beacon light for global illumination – all faded into dark layers of history, partly due to our infatuation for imaginary intellect, inadvertence to our ancestral science and astronomy, and inefficiency of our intelligence. Our tremendous expositions of Dharma in the form of commentaries of sanctified sages, and enlightened writers, epical ebullience, science of Tarka, and Mimansa, have been buried seven fathoms deep, making them unknown, unwept and unsung. Justice dispensation by resolving the disputes and differences – not settling with the disputes – had been a natural characteristic of our ancestors – village panchayat as the temple of justice reflecting the aroma of equity, justice and good conscience. Even the toughest problems were drowned in the cogency of common good, disputes dispelled and differences dried up sustaining the buoyancy of cordial human relations and fraternal faith. The invincible Indian erudition, equity and empathy are eclipsed by the invasive culture of western and foreign maniacs. The simple, inexpensive and expedient justice dispensation of Indian society is engulfed by high-sounding (but low yielding) and expensive English court system.

A LANDMARK ON THE INDIAN CONSTITUTION
A LANDMARK ON THE INDIAN CONSTITUTION

Author: Prasanna S

Publisher: Institute of Legal Education

Published: 2023-09-04

Total Pages: 578

ISBN-13: 8195468764

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In the heart of India's rich legal history lies an extraordinary tale that changed the course of the nation's destiny. "A Landmark on the Indian Constitution" delves into the captivating story of a pivotal moment in the journey of India's democracy. This meticulously researched and engagingly written book explores the untold story of a landmark case that challenged the very foundations of the Indian Constitution. It takes readers on a fascinating journey through the corridors of power, the intricacies of legal arguments, and the passionate debates that echoed in the hallowed halls of justice. The book introduces us to the remarkable individuals who played pivotal roles in this constitutional saga – from the brilliant lawyers who argued the case to the visionary judges who rendered the historic verdict. It uncovers their personal struggles, their unwavering commitment to justice, and the sacrifices they made for the ideals they held dear. As readers embark on this intellectual and emotional journey, they will gain a deeper understanding of the Indian Constitution and the principles that underpin it. "A Landmark on the Indian Constitution" is not just a legal narrative; it's a story of courage, conviction, and the enduring spirit of democracy. This book is a must-read for anyone interested in the intricacies of Indian law, the evolution of democracy, and the indomitable human spirit that shapes the destiny of nations. Please note that this is a fictional description, and there may not be an actual book with this title or content. If you have any specific questions or would like to discuss a different topic, please feel free to ask.

Conflict of Laws
Conflict of Laws

Author: Laura E. Little

Publisher: Aspen Publishing

Published: 2018-02-26

Total Pages: 1183

ISBN-13: 1454897767

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In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition