The Indian Private Law Review
Board of Advisors
Prof. (Dr.) Nigam Nuggehalli
Professor and Registrar,
National Law School of India University
Prof. (Dr.) Shivprasad Swaminathan
Professor and Dean,
Shiv Nadar School of Law
Mihir Naniwadekar
Advocate, Bombay High Court
Scope and Mandate
The Indian Private Law Review (IPLR) intends to advance scholarship in private law by illuminating underexplored areas of scholarship in Indian law. We particularly welcome submissions that trace the development of doctrines by engaging with the historical context in which they arose, as well as an analysis of the law in jurisdictions that draw on these doctrines. In defining our scope, we have kept the categories deliberately broad and general to create a diverse corpus of scholarship on under-explored subjects in Indian private law. The following are merely indicative subject-matter categories:
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Commercial Remedies: Damages, restitution, specific relief.
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Under-explored areas of private law: Indemnities, bailment, agency, trust law.
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Tort Law: Negligence, breach of statutory duty, good faith clauses.
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Legal Philosophy: Theeoretical contributions on any field of private law, and on common law broadly.
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The Law of Equity: Equitable principles as developed in English law, and the place they find in Indian law.
Board of Editors
Founding Editors
Prem Vinod Parwani
Student, NLSIU
International Editor, Cambridge LR
Deputy Editor-in-Chief, NLSBLR
Editor-in-Chief, LSPR
Kedar Manoj Ammanji
Student, NLSIU
Deputy Editor-in-Chief, IJIEL
Anirud Raghav S U
Student, NLSIU
Former Editor, NLSBLR
What is Private Law Really?
Prem Vinod Parwani
This piece tries to answer the question of 'what is private law'? What distinguishes 'hard' public law from private law? How do we justify the 'public law pressures' in private law?
Restitution Against Public Authorities: The Status of ‘Passing On’ Defence in Indian Law
Anirud Raghav S U
This piece explores the defence of passing in the context of a restitutionary claim against public authorities, typically in cases of ultra vires payments. It argues that Mafatlal Industries v. Union of India, the controlling precedent, reverse-engineers artificial reasoning by invoking the private law defence of ‘passing on’ to deny recovery, while the legal question could have been simply settled based on Art.265 of the Constitution.
Liquidated Damages, French Civil Code and a March Towards Equity?
Anirud Raghav S U
This piece analyses the Indian law on liquidated damages, and compares it with the French Civil Code to highlight the different interests prioritized by both jurisdictions. It then asks whether liquidaed damages are just another instance of a bad bargain that courts should enforce as is, without regard to relief against penalties.
Section 68 of the Indian Contract Act: Minor's Liability for Necessary Goods
Anirud Raghav S U
This piece discusses the basis of minor’s liability for necessaries: is it contractual or quasi contractual? It is argued that under Indian law, the drafting intention was in favour of a quasi-contractual basis, given the scheme of the Act. However, judicial decisions have implicitly affirmed a contractual basis instead, giving rise to doctrinal confusion.
The Empty Provisions of Indemnity in the Indian Contract Act
Prem Vinod Parwani
This piece argues that the provisions on indemnity in the Indian Contract Act are a drafting anomaly, and thus essentially defunct today.
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