CURRENTLY PUBLISHINGVolume 7Issue 1View Issue
PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Property Law/Civil Procedure
RIGHTS OF THE MORTGAGOR IN A SUIT FOR FORECLOSURE...
Vaibhav Kartikeya Agrawal
Property Law/Civil Procedure8 min
Civil Procedure/ADR
ADR AS A TOOL TO REDUCE JUDICIAL BACKLOG IN INDIA
Justeena K Joseph
Civil Procedure/ADR8 min
Family Law
N.G. DASTANE V. S. DASTANE: PROMINENCE TO SET PRE...
Vasudha Kottapalli
Family Law8 min
Cyber Law/Contract Law
CLICKWRAP AGREEMENTS IN INDIA: THE LEGAL STANCE?
Shrashti Dubey
Cyber Law/Contract Law8 min
Cyber Law/Gaming Law
Gaming Laws in India: An Analysis of Current Tren...
Monica Madaan
Cyber Law/Gaming Law8 min
Cyber Law/Defamation
DEFAMATION IN A DIGITAL WORLD: THE COMPLEX INTERP...
Virti Maloo
Cyber Law/Defamation8 min
Constitutional Law
DOCTRINE OF WAIVER: A MEASURE OF PROTECTIONISM OR...
Nivruthi Pasupunuri
Constitutional Law8 min
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Digital Due Process and the Right to Explanation

Under Review
Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

Revision Requested
Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

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Submitted Oct 14, 2024Updated Dec 19

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Cyber Law/Data Privacy
Data Privacy scholarship in the IJCLSI catalogue
3 papers
Criminal Law/Gender Justice
Gender Justice scholarship in the IJCLSI catalogue
2 papers
Civil Procedure/ADR
ADR scholarship in the IJCLSI catalogue
1 papers
Commercial Law/ADR
ADR scholarship in the IJCLSI catalogue
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Constitutional Law
Fundamental rights, federalism, and judicial review
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Constitutional Law scholarship in the IJCLSI catalogue
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Latest Publications

January 2025

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Property Law/Civil Procedure

RIGHTS OF THE MORTGAGOR IN A SUIT FOR FORECLOSURE: A DISCOURSE IN REFERENCE TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE 1908

Code of Civil Procedure 1908 (hereafter ‘CPC’) provides procedure for filing suits of a civil nature, for the establishment of Civil Courts, defines the rights of the litigants and provides remedies of appeal, review, revision and reference, etc. The Transfer of Property Act 1882 (hereafter ‘T.P. Act’) provides provisions for transfer of properties by mortgage, lease, etc. This paper aims to construe the provisions for recovery of the excess amount of sale of the mortgaged property in a transaction of sale in a suit for foreclosure of mortgage. The paper is doctrinal and aims to protect the rights of the judgment debtor.

Vaibhav Kartikeya Agrawal
8 min 2
Civil Procedure/ADR

ADR AS A TOOL TO REDUCE JUDICIAL BACKLOG IN INDIA

The convergence of technological advancement and legal development is shaping a future in which justice becomes more accessible, efficient, and effective. As the backlog of cases in the Indian judiciary continues to grow, many individuals face challenges in accessing justice promptly. Such delays can compromise legal rights and reflect the principle that "justice delayed is justice denied." In response to these issues, Alternative Dispute Resolution (ADR) has emerged as a practical strategy for resolving disputes before they escalate to court. ADR includes various methods such as arbitration, mediation, conciliation, and negotiation, all of which offer parties quicker, cost-effective, and amicable avenues for resolution. This paper evaluates the effectiveness of ADR in reducing the pressure on the formal judicial system. It draws on empirical data, case studies, and insights from different jurisdictions to critically examine the benefits and limitations of ADR practices. The study concludes with well-founded recommendations for reforms, highlighting that, with the right support, ADR can enhance the justice delivery system in India, making it more accessible, effective, and humane.

Justeena K Joseph
8 min
Family Law

N.G. DASTANE V. S. DASTANE: PROMINENCE TO SET PRECEDENT TO USE CRUELTY FOR DIVORCE

Divorce under Hindu Law since forever and day, has been considered to be obscure and is construed as an insoluble association with respect to a couple. Divorce was recognised under the Hindu Marriage Act, 1955 mainly associating with fault theory. The concept of divorce puts a marriage to the end where the spouses are relieved of their marital obligations and are free to part ways. Section 13 of the HMA lists the grounds of divorce including the fault ground. Cruelty, now a ground of divorce under this, was not recognised before 1976 and was only added by the Amendment Act. Cruelty in laymen terms is the conduct of spouses with respect to their marital duties and obligations and one that is adversely straying from it. In a case of cruelty, it is important to peruse the Court's considerations with regards to what amounts to cruelty, in what cases cruelty can be granted for divorce and judicial separation, what is considered to be an act for condonation of cruelty, or even whether a single act of cruelty amounts to cruelty. These issues are what determines grounds for divorce, which are further elucidated transparently in a Supreme Court judgement Narayan Ganesh Dastane v. Sucheta Narayan Dastane2.

Vasudha Kottapalli
8 min
Cyber Law/Contract Law

CLICKWRAP AGREEMENTS IN INDIA: THE LEGAL STANCE?

With Globalization and increased technological advancements, e- contracts have become an essential instrument for all businesses and commercial transactions. This article explores the essence of the legality and validity of e- contracts specifically pertaining to clickwrap agreements. The nature, essentials, legal framework in India, and the stance of the judiciary with respect to enforceability of clickwrap agreements are analyzed in the article. The case- to- case basis approach of the Indian judiciary as compared to the liberal approach of American courts in determining the validity of these agreements and the subsequent implications are examined through various case studies and legal framework of both the nations.

Shrashti Dubey & Rebekah Hanna Varghese
8 min

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