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Volume 4, Number I, 2020 ISSN: 2581-7582 MNLU, Nagpur Contemporary Law Review Vijender Kumar and Vidhi Singh- Facets of Legitimacy of Children and their Property Rights under Hindu Law: A Socio- Legal Analysis Aparna Chandra, William H. J. Hubbard and Sital Kalantry- The Supreme Court of India: An Empirical Overview of the Institution Hemangini Sharma- Rape as War Crime: How Far the International Tribunals have been Successful in Protecting Women Vandana Mahalwar- Dynamics of the Right of Publicity in India: An Appraisal under Intellectual Property Regime Shivam Tripathi- Assessing the Admissibility of Illegally Obtained Evidence in International Arbitration Ila Sudame- Parameters Governing Percipient Witness Testimony in view of Pramaana Theory of Nyaayashaastra Gargi Talatule- Multi-Faceted Portrayal of Company’s Director in India: Comparing their Roles Suneel Kumar and Susanta Kumar Shadangi- Admissibility of Electronic Evidence in the Era of Information Technology: A Conceptual Analysis of Judicial Pronouncements Thangzakhup Tombing- Comparative Legal Analysis of Indigenous Customary Institutions among Mizo, Khasi and Paite Tribes of North East India Vibhuti Jaswal- Right to Privacy on the Social Networking Sites: A Critical Analysis Sopan Shinde- Reflections of Dharmasastra in Narrative Traditions of India: A Lesson for Modern Constitutional Culture Chamarti Ramesh Kumar- Liaison Office in India and its Tax Implications Volume 4, Number I 2020 Hon’ble Shri Justice S.A. Bobde Prof. (Dr.) Vijender Kumar Chief Justice of India and Vice-Chancellor Chancellor, MNLU, Nagpur MNLU, Nagpur Chief Patron Patron Editorial Advisory Board Co-Editors Hon’ble Dr. Justice D.Y. Chandrachud Prof. C. Ramesh Kumar Judge, Supreme Court of India OSD (Academics) Shri P. S. Narasimha [email protected] Former Additional Solicitor General Dr. Anirban Chakraborty Prof. (Dr.) Ranbir Singh Associate Professor of Law Former Vice-Chancellor, NLU, Delhi [email protected] Prof. (Dr.) R. Venkata Rao Prof. Sopan B. Shinde Former Vice-Chancellor, NLSIU, Bengaluru Assistant Professor of English [email protected] Prof. (Dr.) John Phillips King’s College London,UK Prof. Sumit Bamhore Assistant Professor of Law Prof. (Dr.) Manoj Kumar Sinha [email protected] Director-ILI, New Delhi Prof. Divita Pagey Prof. (Dr.) Sital Kalantry Assistant Professor of Law Cornell Law School, NY, USA [email protected] Editorial Board Editor Dr. Himanshu Pandey Associate Professor of Law [email protected] Note to Contributors: Manuscripts, Editorial correspondence and Style-sheet requisitions should be addressed to the Editor, Contemporary Law Review (CLR), The Maharashtra National Law University Nagpur, Moraj Design and Decorator (DnD) Building, Near Oil Depot, Mihan Flyover, Khapri, Nagpur-441108, Maharashtra, India, for soft material use E-mail : [email protected]. Price Rs. 300/- (Rupees three hundred) or US $ 50 (US Dollar Fifty) Mode of Citation : 4CLR2020<Page No.> RNI No. : MAHENG/2018/76048 ISSN: 2581-7582 Copyright © 2020 Contemporary Law Review (CLR). Any reproduction and publication of the material from the text without the prior permission of the publisher is punishable under the Copyright Law. Disclaimer: The views expressed by the contributors are personal and do not in any way represent the opinion of the University. MNLU, Nagpur Contemporary Law Review Volume 4, Number I 2020 A Biannual Faculty Peer Reviewed Journal of MAHARASHTRA NATIONAL LAW UNIVERSITY NAGPUR Table of Contents Message from the Patron iii Editorial v Facets of Legitimacy of Children and their Vijender Kumar and 1-40 Property Rights under Hindu Law: A Socio- Vidhi Singh Legal Analysis The Supreme Court of India: An Empirical Aparna Chandra, 41-74 Overview of the Institution William H.J. Hubbard and Sital Kalantry Rape as War Crime: How Far the Hemangini Sharma 75-88 International Tribunals have been Successful in Protecting Women Dynamics of the Right of Publicity in India: Vandana Mahalwar 89-102 An Appraisal under Intellectual Property Regime Assessing the Admissibility of Illegally Shivam Tripathi 103-116 Obtained Evidence in International Arbitration Parameters Governing Percipient Witness Ila Sudame 117-138 Testimony in view of Pramaana Theory of Nyaayashaastra Multi-Faceted Portrayal of Company’s Gargi Talatule 139-152 Director in India: Comparing their Roles Admissibility of Electronic Evidence in the Suneel Kumar and 153-168 Era of Information Technology: A Susanta Kumar Shadangi Conceptual Analysis of Judicial Pronouncements Comparative Legal Analysis of Indigenous Thangzakhup Tombing 169-190 Customary Institutions among Mizo, Khasi and Paite Tribes of North East India Right to Privacy on the Social Networking Vibhuti Jaswal 191-204 Sites: A Critical Analysis Reflections of Dharmasastra in Narrative Sopan Shinde 205-214 Traditions of India: A Lesson for Modern Constitutional Culture Liaison Office in India and its Tax Chamarti Ramesh Kumar 215-224 Implications i ii Message from the Patron Maharashtra National Law University, Nagpur is sincerely dedicated to the vision and mission of imparting state-of-the-art legal education, on par with global standards of excellence in education. In a short span of time since its inception, the University has accomplished remarkable feats in academic as well as extra-curricular activities. The publication of the First Issue of Fourth Volume of Contemporary Law Review (CLR), biannual, peer-reviewed flagship journal of the University, in the midst of the battle with COVID-19 pandemic is testimony to the unflinching dedication of the University to pursue the path of academic excellence, in spite of the numerous challenges presented to its functioning by the pandemic. The publication of the present issue of CLR is a matter of immense pride and joy for me, and affirms that the academic rigour of the University has stood the test of a global crisis. The accomplishments of the University are a reflection and result of the erudite guidance of our beloved Chancellor, Hon’ble Shri Justice S.A. Bobde, Chief Justice of India; the boundless enthusiasm of our students; the tireless efforts of our teaching and non-teaching faculty; and, the diligent and able support of the University administration. I am indebted to the Hon’ble Chancellor for his continuous support and guidance in all endeavours of the University, and for fuelling our motivation to become one of the premier institutions of legal education not only in India, but at the global level. The Contemporary Law Review (CLR) was instituted with the objective of promoting critical legal thinking and writing, and kindling the minds of law students and legal professionals to think originally and opine prudentially. I must congratulate the editorial board of the journal for selecting contributions from diverse areas of law for publication and discussing various issues of contemporary significance. The journal aims to provide a platform for inquisitive legal minds, searching for opportunities to enhance their horizons by learning and unlearning emerging theories and interpretations of law, as well as the interaction of law with extra- legal disciplines of study. I hope that the journal evokes interest among a wide-range of readership, including law students, research iii scholars, academicians, legal professionals and every person with an interest in discovering new and intriguing aspects of law. Reviews and feedback by the readership is highly cherished by the editorial board of CLR, as they would encourage the board to keep improving with each issue. My sincere gratitude is extended to Hon’ble Members of the editorial advisory board for providing the editorial board with valuable guidance. My heartfelt gratitude extends to each member of the editorial board of faculty colleagues for their diligent efforts towards upholding the quality of research published in the journal, and finally, to the contributors of the journal for their thought-provoking and enriching research contributions. Our contributors come from different parts of the globe, and different regions of the country, and it is to their credit that the journal has become a culmination of intellectually enlightening academic writings. (Vijender Kumar) iv Editorial In the article titled “Facets of Legitimacy of Children and their Property Rights under Hindu Law: A Socio-legal Analysis”, Prof. (Dr.) Vijender Kumar and Ms. Vidhi Singh analyse the Hindu Marriage Act 1955 as regards the protection accorded to children born to parents who are not legally married, or whose relationship is not protected by law or custom. The authors emphasise that, the Hindu Marriage Act protects children who are legitimate in fact, and to a certain extent, also children who are legitimate in law. The authors further analyse the Hindu Succession Act 1956 to ascertain the inheritance rights of illegitimate children. Further, the socio- legal facets of legitimacy of children, and the property rights of illegitimate children have been comprehensively analysed in the article. In the article titled, “The Supreme Court of India: An Empirical Overview of the Institution”, the authors Ms. Aparna Chandra, Mr. William H.J. Hubbard and Ms. Sital Kalantry present an empirical study which sheds light on the role of the apex court in progressive social change. The study is based on a comprehensive dataset of opinions of the Supreme Court of India in the cases decided during the years 2010-2015, as published in the case reporter Supreme
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