About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 NLUJ L. Rev. 1 (2013)

handle is hein.journals/nlujlaw1 and id is 1 raw text is: 





                                    Foreword
 Our dilemma is that we hate change and love it at the same time; what we really want isfor
 things to remain the same but get better.
                                                                -Sydney  J. Harris
     Having  published Scholasticus successfully for a decade, National Law University,
Jodhpur  has now  sought to bring about a new outlook to the flagship journal of the
University, renamed as NLUJ  Law  Review. With one of its main aim being to increase
student involvement, the journal seeks to maintain its earlier objective of becoming a
formidable instrument in taking the standard of legal research in India up by several
notches, while broadening its platform for legal discpurse.
     At a time when  people's faith in the legislature and executive is dwindling and
the country is looking to the judiciary to bring about some semblance of order in the
society, we have decided to dedicate the maiden issue of this journal to the different
perspectives on the role of judiciary. Various nuances of this issue have been discussed
through the articles, notes and book reviews.
     The  articles published in this edition discuss the reactions of judiciary to the
contours of 'bolar exemption', taxing foreign investments, elements of Trias' in evidence
law and the regulation of international commercial arbitration. The first article titled
The Billion Dollar Saga: A Study of the Vodafone Judgment and Its Policy Implications'
is about the Vodafone Judgment  and discusses the recent judicial interventions with
respect to tax laws in India. The distinction between tax evasion and tax avoidance is
brought out by  tracing the history of the issue from the McDowell and  the Azadi
Bacaho  Andolan  judgment to the recent Vodafone judgment.  The next article 'Bolar
Exemption  Law  in India: An Analysis in Light of Current Trends in Pharmaceutical
Market' deals with the popular dichotomy of patent protection versus societal welfare
in the pharmaceutical research industry. It brings to the fore the difficulty in achieving
a balance between the two objectives in light of the 'bolar exemption'. Our third article
is a study of the recent Bharat Aluminium  judgment  and  discusses the trends and
developments  in the Indian legal system with respect to the jurisdiction of Indian
Courts over international commercial arbitration held outside India. The last article
analyses the evolution of the different tests of bias developed by the Courts both in
India and the UK, and urges the Courts to develop some semblance of standardization.