Indian Legal Research Articles

Revisiting the Indian Legal Structure -- Attracting the Young Bright Lawyers to Bar and Academia!

Legal academia and litigation are nucleus of legal industry in any country. Decadence in its standards not only gets mirrored in receiving scanty services by various stakeholders but overall declension of the legal profession in a nation. The proximate interfaces at which legal academia and litigation works with the society attributes to how these professions are conceived by the society. Standard services offered by professionals yields to bright image of these professions leading to bright people taking them up as their careers, else their pungent odor keeps bothering everyone around. Post National Law School Model Experiment, situation hasn’t changed much, so far as career options of young bright lawyers are concerned. This article aims to rationally identify the reasons behind young bright lawyers not taking up to either academia or litigation and ventures on to test the veracity of few methods through which these glitches may be rectified. It is observed that gnomish compensation when viewed at the backdrop of exorbitant fee paid by a law student propels him to succumb to career options offering alpine pay notwithstanding job satisfaction. Ubiquitous mediocrity in the profession is its hallmark. This mediocrity could be strongly attributed to lack of a robust screening mechanism before admitting lawyers to the bar which not only deprives the stakeholders from procuring standard services but also tarnishes the image of the profession in the society leading to a larger dent, deterring young bright lawyers to take it up. Situation is not much different in legal academia which is again characterized by a flyspeck pay and lack of due recognition for the services rendered by academicians. This article aims at exploring reasons rationally conceivable to the author as to why bright lawyers don’t take up to these professions and float few suggestions with a view to attracting them towards it. The article is split in two parts – first part deals with litigation and second part deals with legal academia. Suggestions for enhancing the standards of both the professions have been floated at the end of each part.

Alternative Dispute Resolution: Analysis Under Indian Legal System and Global Practices of ADR

Alternative Dispute Resolution (ADR) typically refers to processes and techniques of resolving disputes that fall outside of the judicial process (formal litigation – court). Courts are increasingly requiring some parties to utilize ADR of some type, most often mediation, before permitting the parties' cases to be heard. There are generally four categories of ADR, which, are mediation, arbitration, negotiation and collaborative law. Conciliation is sometimes included as a fifth category. ADR is an alternative to formal legal system ADR originated in USA in a drive to find alternatives to the traditional legal system, felt to be adversarial, costly, unpredictable, rigid, over-professionalized, damaging to relationships, and limited to narrow rights-based remedies as opposed to creative problem solving. Alternative Dispute Resolution in India was founded on the Constitutional basis of Articles 14 and 21 enshrined in part III of the constitution of India which grant the important Fundamental Rights of Equality before Law and Right to life and personal liberty respectively to all the citizens. ADR in India also tries to achieve the Directive Principle of State Policy relating to Equal justice and Free Legal Aid as laid down under Article 39-A of the Constitution. The Acts which deal with Alternative Dispute Resolution are Arbitration and Conciliation Act, 1996 and the Legal Services Authorities Act, 1987. Section 89 of the Civil Procedure Code, 1908 makes it possible for Arbitration proceedings to take place in accordance with the Acts stated above. Also arbitration in India is modeled on the UNCITRAL model of arbitration. ADR in India, its concepts, functioning, shortfalls, solutions etc shall be dealt in detail later. Furthermore this paper shall deal with the study of various institutions of ADR globally, various ADR mechanisms and its practice in India as well as Globally.

Legal Documents Clustering and Summarization using Hierarchical Latent Dirichlet Allocation

In a common law system and in a country like India, decisions made by judges are significant sources of application and understanding of law. Online access to the Indian Legal Judgments in the digital form creates an opportunities and challenges to the both legal community and information technology researchers. This necessitates organizing, analyzing, retrieving relevant judgment and presenting it in a useful manner to the legal community for quick understanding and for taking necessary decision pertaining to a present case. In this paper we propose an approach to cluster legal judgments based on the topics obtained from hierarchical Latent Dirichlet Allocation (hLDA) using similarity measure between topics and documents and to find the summarization of each document using the same topics. The developed topic based clustering model is capable of grouping the legal judgments into different clusters and to generate summarization in effective manner compare to our previous [1] approach. DOI: http://dx.doi.org/10.11591/ij-ai.v2i1.1186

A Necessary Evil: Framing an American Indian Legal Identity

This study examines the emergence and application of what I conceptualize as an American Indian Legal Identity (AILI). AILI is an individual identity created by structural forces. Most importantly, a person can have an AILI without having either racial identity or ethnic identity. It stands on its own as proof of Indianness even though it was created in the discourse of federal Indian policy. The tribal reification of this federally defined authenticity birthed a racialized collective Indian identity. Furthermore, it has resulted in the internalized racialization of Native identity. AILI relies upon the verification of a degree of Indian blood as documented in the form of a Certificate of Degree of Indian Blood (CDIB) card issued by the US Department of the Interior and through membership within a federally recognized tribe. By focusing on historical social construction of AILI and its current implications within Native populations about who qualifies to be Indian, I analyze semi-structured, in-depth interviews of thirty Native American participants, all of whom ethnically identify as indigenous but only half of whom possess a legal identity. I find participants frame and rationalize AILI's existence by justifying that it is needed to preserve tribal sovereignty.

Understanding the Indian Legal Regime Regulating Indian Depository Receipts (IDR's)

The past few decades have witnessed the increased internationalisation of various firms through crosslistings on international exchanges. This has been facilitated by market liberalisation, which has led to greater integration of global securities markets. Cross-border listing has become one of the avenues for the integration of global securities markets. There are two forms of cross-border listing, namely, direct listing and indirect listing. Direct listing implies that the firm concerned offers ordinary shares to the public. Indirect listing on exchanges is through Depository Receipts (DRs). Depository receipts are a negotiable certificate issued by a bank in a domestic country that represents ownership of shares in companies of other countries. Cross listing, particularly through DRs such as American Depository Receipts (ADRs) or Global Depositary Receipts (GDRs), is a popular way of internationalization among firms from emerging economies. In addition to Europe and America, International firms are allowed to cross list in other countries through the DR programme. There could be several reasons for a domestic company to cross-list, such as an expanding investor base, the desire to improve stock liquidity through its highly liquid secondary market, the increasing visibility of the company, a growing customer base, and the wish to take advantage of higher valuations. From the perspective of investors, cross listing mitigates some of the uncertainties and costs involved in making direct purchases in foreign markets. Cross listing through DRs has more advantages compared to direct listings as it offers an easier and flexible mechanism with less stringent regulations for individual companies to enter foreign markets according to their needs. The listing of a company on a foreign exchange through a DR framework exempts the firm from many stringent regulatory requirements compared to those required for direct listings on foreign exchanges, thereby enabling the investors to realise dividends and capital gains in another market. The concept of introduction of Indian Depository Receipts (IDRs) was conceived in the year 2004 but the actual action or implementation is happening only now, with the first ever IDR issue by Standard Chartered Bank which opened on May 25, 2010 and closed on May 28, 2010. The Central Government, in exercise of powers available with it under section 642 read with section 605A of the Companies Act, 1956 had prescribed the Companies (Issue of Indian Depository Receipts) Rules, 2004 (IDR Rules) vide notification number GSR 131(E) dated February 23, 2004. The said Rules provide, inter alia, for eligibility for issue of IDRs, procedure for making an issue of IDRs, registration of documents, conditions for the issue of prospectus and application, listing of IDRs, procedure for transfer and redemption and other conditions related to the same. It has also been provided in such rules that an issuing company shall also fulfil the eligibility criteria laid down by the Securities Exchange Board of India (SEBI) from time to time in this behalf. The SEBI, in view of authorisation available to it under IDR Rules, had originally issued a Circular No. CFD/DIL/IDR/1/2006/3/4 dated April 30, 2006 through which it has specified the Model Listing Agreement for listing of IDRs and subsequently the SEBI simplified the said Listing Agreement vide its Circular dated June 16, 2009.

Intricacies of Privacy Protection in Electronic Transactions: A Critical Analysis

In electronic transactions lots of issues such as jurisdictional issues in case of disputes, identification of true identity, Spoofing, privacy protection so one and so forth are involved at par. This paper is all about analyzing the issue of data protection and privacy. Privacy is an important aspect of one’s life, as everyone desires to maintain privacy of his life, his profession, his work plan and of his transactions as well. Privacy is a fundamental human right recognized in the UN Declaration of Human Rights the International, the Covenant on Civil and Political Rights and in many other international and regional treaties. Protection of privacy in online transactions is not an easy task as the privacy in electronic transactions in not only infringed physically but virtually as well. We have much technological software like cookies, Trojan, web bugs, so one and so forth infringing the privacy of the data directly and indirectly. Assurance of privacy and its proper protection inculcate trust in the parties and thus lead the people to get through more and more deals in online mode. It is quite evident that assurance of privacy and its protection will definitely lead electronic transactions a step ahead as is desired in the realm of globalization, industrialization and privatization. Indian context has right to privacy as constitutional rights and online privacy protection is being provided in Information Technology Act, 2008 as well in other scattered statues like SEBI’s regulation for privacy protection through companies, RBI’s Guidelines to protect online privacy in electronic banking system etc. So the issue is not that the legal provisions are not there to protect privacy in electronic transactions but the issue is 'that whether the legal provisions in Indian Legal system are efficient enough to promote protection to privacy and security of data in electronic transactions going through all the challenges powering out the world of electronic transactions.' The safety and security of a customer’s personal information lies within the hands of the business. And Being a Governing Body State is under an Obligation to protect provide and to promote the legal rights of the individuals. So it would be interesting to look into that how the State laws and policies are providing protection against the privacy infringement and where it is lagging behind. And what can be done as improvements in the Legal framework of Internet to procure more and more security to the privacy of the users of Internet.

Liberalisation of Indian Legal Services: Politics and Challenges

In recent years, many developing countries including India have integrated with the world economy in order to promote economic growth, development and poverty reduction. In the 1990s, India opened up its economy and liberalised its trade as part of its economic reforms and structural adjustment programmes and, since then, its GDP growth has accelerated significantly. India has today become one of the fastest growing economies of the world and has attracted large inflows of foreign capital. Since trade liberalisation, one of the industries that has shown huge potential and growth is the service industry, which contributes significantly (around 58 per cent in 2007–2008) to India’s GDP.1 However, in the wake of all these developments and in the era of globalisation, it is interesting to note that there is one service industry in India that is extremely reluctant to adapt to this changing world; the legal services market. Undeniably, the demand for India’s legal services is growing rapidly with the growing trend of many foreign and multinational companies investing in India and many Indian companies entering into cross-border transactions with foreign companies.2 Of course, this has meant that the pressure on the Indian government to open its lucrative legal services market to foreign law firms has mounted. In the past few years, this pressure appears to be increasing rapidly with frequent visits by different trade delegations organised by the professional bodies of various commonwealth countries, especially the Law Society of England and Wales, to

Legal Aid: A Boon for the Indian Legal System

In the staggering lake of law people come for the search of justice and equity. But at the time when even whole society has been shambled with the shrimps of various atrocities, it has amidst shrilled the persons hope for justice and equity.But as every time, when we think it is a doom, a conspicuous ray of hope enunciates from some corner. Legal aid is the accolade of freedom, to represent oneself in the way or manner which best interest him. It is the technique of allowing access to one who is not aware of rights from which he is infringed by the irrational elements of society. It is medium of the removing the fetters from the stringent swagger conditions of society, which is regulated by the some obnoxious persons who are high in stature. The main aim of any modeled rational society would be to deliver to justice and equity to every individual who comprises to be the part of that society. And legal aid is the medium which allow the persons to go the court of law and represent oneself for the right from which he is deprived. But there are many issues which leads to the issue whether we been successful in implementing this technique. The present stratum of the society is completely shallow if seek the proper implementation of legal aid. For the purpose of the delivering the justice we have formed the concrete base of legal aid but the concerns still arises that whether on the real ground they are really existing and working. Our society should focus on the fact that for being the rational society we have to make every effort for achieving rationality, but at time it should always be kept in the back of mind that the efforts should not be superfluous. They should be in that proposition only in which they are needed. And also we must not squander any opportunity which could lead to the growth of legal aid in the society, thus focusing on the every critical aspect which will help us in its proper implementation.

Incorporation of Global Environmental Norms into Indian Legal Systems: Social and Economic Challenges, with Special Reference to Ship-Breaking

Some of the significant issues in the emerging economies have been the fact that these economies thrived on compromises that they made with their environment and human rights. Right at the Stockholm Conference the rift between rsquo;Developed’ and rsquo;Un-developed’ nations was apparent, with the latter demanding more development to sustain and advance their economies. The demand was greeted by the advanced nations in form of technology that was being weaned off and industries which were potentially polluting. This benevolent dictatorship was acceptable to the receiving economies and they were now re-christened as rsquo;Developing’ as they too had access to the technology of Northern nations. Some countries including India benefitted from this approach due to availability of cheap labour and its willingness to have lax environmental norms to host such activities. One such industry is rsquo;ship-breaking’. Breaking down of vessels has always been a vexing issue for the developed countries. High labour cost coupled with unwillingness to work, human rights issues and stringent environmental norms makes this activity an extremely expensive affair. India harbours the largest scrap yard of the world at Alang. With minimal norms on paper and meager implementation of those, in this area India beats even China. Its competitors Pakistan and Bangladesh remain weak solely due to their size. However, the past-decade has seen awareness over these issues in India and the rsquo;NIMBY’ attitude is being loathed by social groups mounting pressure on the Government, to have stricter norms. Further, India may face a backlash in terms of business in rejection of its products due to their non-compliance with global standards. Domestic and international pressure for stringent norms has led to a peculiar situation. This paper investigates into the aforesaid issues with rsquo;ship-breaking’ as an example and further finds out the possible solutions to the problem.

Indian Legal Deposit Legislation and its Impact on the National Library

Over the last few decades the Indian legal deposit legislation or Delivery of Books Act 1954 together with limitations in its application has brought stagnation in every sphere of activity of the National Library of India. The other two relevant acts, Press and Registration of Books Act 1867 and Copyright Act 1957, running parallel have helped in creating more confusion within both the publishing and library world of India. Being under the direct control of the central government as a subordinate office of the Ministry of Culture has forced the Library to operate within the four walls of rigid rules and regulations with very little flexibility in management and policy matters. The author deals with these shortcomings and their effect on the National Library with suggestions that could be considered while redrafting new legislation.

Role of Privy Council in Shaping the Indian Legal System

The Privy Council has acted as the highest appealed authority for all courts. In British India in has played a very important role in shaping the Indian legal system as well as judicial institution.

All talk and no bite: Copyright infringement and piracy trends in India

The Copyright Act 1957 presents the face of modern copyright protection afforded to different intellectual works and is a key statement of intellectual property rights (IPR) in the Indian legislation governing this domain, as well as being compliant to the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights. This Act has been acceptably referred to on many occasions on global platforms, on account of its being one of the most elaborate and well-structured pieces of legislation in the field of intellectual property law. However, this well encompassing, highly creditable and widely acknowledged legislation seems to fall down in its practical implementation rendering its theoretical purpose partly futile. The situation so stands, that India continues to project major piracy rates with little regression in the trend despite the fact that this law is still very much in force. The reasons which deny effective copyright protection in India, for works of miscellaneous categories, have much to do with the lack of an equally strong enforcement mechanism. This paper provides an insight into the inadequacies of the Indian legal and administrative systems which have ultimately diminished the effectiveness of the copyright regime contrary to that envisioned by the law.

Stages of Capital: Law, Culture and Market Governance in Late Colonial India. By Ritu Birla. Durham and London: Duke University Press, 2009. 360 pp. $89.95 cloth; $24.95 paper. - Global Business, Local Law: The Indian Legal System as a Communal Resource in Foreign Investment Relations. By Amanda Perry-Kessaris. Aldershot, UK, and Burlington, VT: Ashgate, 2008. 198 pp. $99.95 cloth.

Stages of Capital: Law, Culture and Market Governance in Late Colonial India. By Ritu Birla. Durham and London: Duke University Press, 2009. 360 pp. $89.95 cloth; $24.95 paper. Global Business, Local Law: The Indian Legal System as a Communal Resource in Foreign Investment Relations. By Amanda Perry-Kessaris. Aldershot, UK, and Burlington, VT: Ashgate, 2008. 198 pp. $99.95 cloth. Ritu Birla's path-breaking book Stages of Capital is a much-awaited legal history of Indian capitalism and the role of indigenous capitalists therein. It focuses in particular on the North Indian business community of the Marwaris in the period spanning 1870 through 1930. An ambitious undertaking in reach and scope, the book draws on rich archival materials on ''the law on economy'' (p. 6) to chart the stages of capital in a temporal (status to contract) as well as spatial (the interplay between economy and culture) sense. Birla demonstrates how the colonial production of Indian Economic Man caused him to coexist in the spaces of both status and contract while reminding readers of the mutual constitution of the discourses on the economy and culture through an investigation of market as culture. In writing ''between histories of world capitalism and the world history of capital'' (p. 7; emphasis in original), Birla brings into conversation postcolonial studies and social histories of Indian capitalism. Law, Birla argues, played a central role in this ''staging of capital as modernity'' (p. 236) by rendering indigenous practices commensurate with a value system structured by contract, revealing in the process several points of incommensurability, then mediated and consolidated through the shifting registers of binaries such as law/custom, public/private, and economy/culture. The two main parts of the book highlight different aspects of this process. Part I, consisting of the first three chapters, elaborates on how the legal standardization of commerce from the late nineteenth century onward produced the market as a supralocal object of governance, while Part II details, in the fourth and fifth chapters, how Marwaris as vernacular capitalists both resisted and appropriated colonial legal discourse by the 1920s to fashion themselves as rational, economic actors; in other words, as legitimate bearers of capital. After an introduction that outlines the arguments of the book, Chapter 1 focuses on how the 1882 Indian Companies Act, the 1886 Income Tax Act, and the 1881 Negotiable Instruments Act both ''reduced the extended family firm into joint household, making it a suspect market actor, and abstracted it in a mimesis of individuated contractual relations'' (p. 17; emphasis in original). Chapters 2 and 3 elaborate on the colonial law of charitable endowments relating to private and public religious trusts, respectively. Here, colonial law understood indigenous ''multitasking forms of endowment'' (p. 79) through analogy and, later, identification with the British private trust, established through ''mad manoeuvres-sometimes legal flights of fancy'' (p. 75). The colonial juridification of deities as the only possible beneficiaries of charitable gifts in perpetuity, Birla argues, materially detracted from the free flow of charity across the public/private divide by vernacular capitalists and challenged their symbolic meanings by casting them as private ventures. Similarly, the colonial legal requirement that the public religious trust generate ''general public utility'' recast mercantile gifts as irrelevant to civic benefit, thereby producing a shift from a shared and layered precolonial sovereignty to a new model of sharing in colonial sovereignty (p. 29). Chapter 4 offers an absorbing and memorable account of how colonial criminal law policed, between 1895 and 1920, the boundaries of business, leisure, and crime through its classification of wagering, betting, horse-racing, indigenous hedging contracts in commodities markets, and indigenous recreational gaming such as rain-betting and betting on opium, cotton, and jute prices. …

Merger Under The Regime of Competition Law: A Comparative Study of Indian Legal Framework With EC and UK

We are living in a free market economy age where business entities are engaged in competitive practices. This sometimes (if not always) leads to the monopolisation of the market by way of anti-competitive agreements, abuse of dominance, mergers and takeovers between business entities which result in distortion of the market. Most countries in the world have enacted competition laws to protect their free market economies and have thereby developed an economic system in which the allocation of resources is determined solely by demand and supply. In the case of India, the earlier Monopolies and Restrictive Trade Practices Act, 1969 was not only found to be inadequate but also obsolete in certain respects, particularly, in the light of such international economic developments relating to competition law. To overcome such difficulty Indian Government has enacted the Competition Act in 2002. This enactment is seen as India’s response to the opening up of its economy, removing controls and resorting to liberalization. The Act sought to ensure fair competition in India by prohibiting trade practices which cause appreciable adverse effect on the competition in market within India. The present Indian Act is quite contemporary to the laws presently in force in the European Community as well as in the United Kingdom. In other words, the laws dealing with competition in these jurisdictions have somewhat similar legislative intent and scheme of enforcement. However, these laws are not quite in parimateria with the Indian legislation. This paper is an effort to provide a comparative picture of Indian, EC and UK competition regime on merger.

Acid Attacks on Women: An Appraisal of the Indian Legal Response

Acid Attacks on Women: An Appraisal of the Indian Legal Response

Global Legal Education and India - A Blueprint for Raising Indian Legal Education to Global Standards

Legal Education has traditionally been a neglected area in India. It is one area where there has not been any fundamental change during the last 150 years. Except for the duration of the courses and addition of some fundamental subjects, there has not been innovation in legal education scenario during all these years. Since the past few years the roles of lawyers in the society have changed drastically. As a result a new genre of globalised legal professionals has evolved who while having a firm understanding of local legal scenario, was able to extend its principles to a global context. If the law schools across the world are feeling that they can longer train graduates according to their whims, but will have to face the market and will have to provide output in accordance with the demands of the market, Indian law schools cannot remain as an exception. Indian legal education has a multitude of issues that prevent them from globalizing its content - multitude of regulation, class structure in legal education sector, and the problems ranging from inappropriate work load to dismal attendance in classes. However, India which is an emerging economy has to tide over these issues and produce a uniform class of legal professionals suited for global competition. For this the article puts forth a number of suggestions, including adopting skills education, with a proper mixture of class room, simulation and experiential learning, academic autonomy to law schools to enable such training, allowing law teachers to take up law practice, setting up of free/paid clinics in law schools, apprentice ship system, formal training programme for law teachers etc, all aimed to the ultimate aim for producing law graduates worthy of competition in the globalised scenario.

Regulating Indian Legal Education: Some Thoughts for Reform

This note (prepared in response to a request from a Supreme Court Committee) begins by analysing the constitutional and regulatory framework pertaining to legal education in India with special emphasis on the two principal authorities in this sphere: The BCI and the UGC. It then goes on to describe ambiguities and criticism regarding the ambit of the BCI’s powers, and accreditation mechanisms in higher education in a few other countries.It then goes on to recommend reforms, most of which can be effectuated within the corners of the existing regulatory framework, without the need for statutory reform. Others may require statutory amendments. The principal recommendations made in this note are as follows:i) Indian legal education ought to encompass much more than merely training students for the bar. Indeed, the aim ought to be to create an effective social engineer who is socially sensitive and uses the law in myriad ways to help better society. ii) The Bar Council of India (BCI) has no legal/constitutional authority to regulate the full spectrum of legal education, independent of the Universities. In fact, Section 7(1)(h) of the Advocates Act clearly mentions that the BCI is to lay down standards of legal education in consultation with the Universities in India imparting such education and the State Bar Councils. iii) An all-India Bar Entrance Examination should be introduced as a quality-control mechanism, instead of the existing accreditation system which is patently flawed, ineffective, costly and subject to abuse. It will not only ensure a qualitative check on the number of lawyers entering the Bar, but would also give the Bar Council scope to regulate legal education in a more robust manner. iv) As a more substantive policy measure, we recommend a more thorough overhaul of the present regulatory structure pertaining to legal education in India. The BCI powers should only extend to regulating that aspect of legal education that is intrinsically connected with the practice of law at the Bar. Some of the regulatory functions that are presently being performed by the BCI, and which do not relate directly to practice at the Bar should be devolved to another authority. This authority should ideally be a standing committee on legal education under the IRAHE as proposed by the NKC.

Critically Analyse Sovereignty and Independent Political Society and Locate Sovereign in Indian Legal System

According to Austin sovereign is the person who has the last word in a particular connection. But the issue is that how can one determine the 'highest authority' in a democratic country like India; to identify the strongest power would involve an investigation of a lot of legal as well as well extra legal forces which determine how a state shall operate. ... At the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty. (CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL 1793 pp. 471-472)

G. W. F. Hegel

This paper seeks to present the well known philosopher G.W.F. HEGEL, who is related to the Historical Law School. He said that at the level of morality a right and wrong is nothing else, but it is matter of individual conscience. He describes his philosophy with the three concepts of will, freedom and rights and he described that what is free will? the paper presents the relevance of his philosophy with the help of Indian Contract Law and the cases that is decided by the courts with the application of his philosophy i.e. the ‘Philosophy of Rights’. In Atlas v Kafko, the court held that it is case of the undue influence and by it the consent is not a free consent. It is not contract and the appeal was rejected by the court. Relevance in world is introduced in India with the help of Indian Contract Law and by the cases in which the Hegelian philosophy has been mentioned. As the Hegel talked about the contract, the Indian legal system has also mentioned about the contract law and Hegelian theory has importance not only with the Indian legal system but in English legal system also. Hegel has mentioned ‘consent’ to the contract especially ‘free consent’; it has great importance in both Indian contract Law and English Legal System. The English legal system has given a lot of emphasis on the consent in terms of contract to save the individuality. In Atlas v Kafko , carrier A agreed to carry B’s certain goods at a certain rate, which was calculated by A on the basis that x cartons of B’s goods could be carried per load. Finding that the calculation was wrong and knowing that B’s survival in the business depended on the goods reaching an important customer, Woolworth Plc, A told B that A would not carry B’s goods to W unless B paid twice rate. B was unable to find an alternative carrier within time and promised to pay the new rate. But later B refused to pay the difference money. A’s action to recover that sum failed because B had agreed to pay under compulsion and under protest. The court held that it is a case of undue influence.

It Revolution in India & Re-Engineering in Legal Education: Past, Current & Future Trends

Notwithstanding Indian Judicial System & legal Education is undergoing number of reforms, but escalation of student’s competence internationally in the field of legal research & mooting is remarkable. Today, the dominant paradigm in both legal research and law teaching is the analytic study of law. A key element of this approach is the construction and testing of static models. The arrival of an era of cheap, widely available yet powerful computer technology, however, now raises the question of whether computer simulation may stimulate a radical shift in our approach to legal studies. We have now stepped into the age of Information technology particularly; Internet has revolutionized the face of Indian society. Technology is enabling lawyers to complete more work at their desks, with less dependence on support staff and the library. An increased number of advocates are drafting documents on the computer instead of a writing pad. Law firms are employing technology to reduce the need for support staff, to increase communication speed within and without the firm, manage large amounts of information, and expand research capabilities. Consequently, Computer Assisted Legal Research, Use of e-mails, Electronic Drafting and Presentation etc. have made the Legal education High-Tech. The authors analysed the existing structure of Legal education & have made an attempt to assess the potential relevance and importance of ICT for legal education.