BMBiswajit Mohapatra

1. Article · Sep 3, 2026 · Biswajit Mohapatra

   Swadeshi Jurisprudence And Recurring Legal Fallacy In Criminal Procedure (opens the original)

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   In 'Swadeshi Jurisprudence and the Colonial Afterlife of Order XXI', published in LiveLaw, it is observed that we have been handed a bamboo pole and told to dance upon it, and that we labour only at the dancing, falling and rising and adjusting our steps, each generation of practitioners trying to perform a little better than the last, but never asking whether the pole was ever a fit place to dance. Many prevalent laws and procedures exhibit the same discipline, out of which two loci classici ar

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2. Article · Jul 22, 2026 · Biswajit Mohapatra

   Swadeshi Jurisprudence And Colonial Afterlife Of Order XXI (opens the original)

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   In civil matters, the separation of judgment from enforcement is not a colonial peculiarity. The idea is much older and can be traced at least to Roman law. In classical Roman procedure, a judgment, called the iudicatum, did not enforce itself. Instead, it created a new obligation known as the obligatio iudicati, treated as a debt arising from the judgment itself. If the debtor did not pay... Your support helps us to bring you more content at an affordable subscription scheme !!! All payment opt

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