Articles
Arbitration Troubles For India
India recently faced another blow in the realm of arbitration as a Paris based court ruled in favour of Britain's Cairn Energy Plc. Cairn Energy is one of Europe's largest oil and gas exploration firms and has obtained a favourable ruling from the French court, Tribunal judiciaire de Paris, that allowed the seizure of 20 properties in central Paris worth about 176 croresbelonging to the Indian government. The said order was passed as a result of India's recalcitrance to honour the...
The Designs Act, Section 22(4) & Interlocutory Powers Question
Section 22(4) of the Designs Act, 2000 is a peculiar provision. It prescribes a compulsory transfer to the High Court for any design infringement claim instituted before a court of first instance. The transfer, according to the statute, must occur if the Defendant, as part of its infringement defence, avails of grounds that challenge the validity of the Claimant's registration. These grounds, listed in Section 19 of the Designs Act, are usually invoked in proceedings before the...
Misconception About The Status Of Article 370
There is a general misunderstanding and misconception about the status of Article370. This misconception pervades all over including Kashmir. Article 370 does not impart "special status" to Jammu and Kashmir. It is a provision that only recognizes the special status conferred outside the Constitution of India. To get a better idea we have to first know what this so called special status is. Firstly it subsists in the recognition of the additional legislative autonomy in J& K under...
Why, When And What Of Stamping Of Arbitral Awards In India
Many investors have faced issues in getting foreign awards enforced in India on account of non-payment of stamp duty. Payment of stamp duty on both domestic and foreign arbitral awards has been a matter of controversy and confusion over the years. The legal framework around this domain is still an evolving one. The provisions in the Arbitration and Conciliation Act, 1996 ('the Act') do not comprehensively deal with the aspect of stamping. More so, the Act is silent on the stage at which...
The Vacillating Status Of The Central Vista
The 'Central Vista project'of the Government of India refers to the plan to alter the arrangement of the Parliament and other heritage buildings in the central administrative precinct in New Delhi. The Union Government stated before the Supreme Court that the new plan had resulted from a need to modernise the Parliament building, to provide more space for the increased number of legislators, and to plan an integrated administrative district for more efficient government. The project...
Finality Of Resolution Plans Under IBC And Pending Legal Proceedings
The Supreme Court in its recent decision in Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, has interpreted the binding nature of resolution plans on the various stakeholders of a corporate debtor and in Para 95 held as follows: "(i) That once a resolution plan is duly approved by the Adjudicating Authority under sub section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and...
A Better Common Law Admission Test(CLAT), Yet To Evolve
In its history of 14 years, Common Law Admission Test (CLAT ) has gone wrong on many levels. This is an attempt to give suggestions on certain corrective steps, which could be adopted. MODE OF EXAMINATION: The mode of the examination in a competitive test is very relevant, in the case of CLAT it has been a roller coaster ride. The CLAT was conducted in the offline mode from 2008 – 2014 (7 years), and then in the online mode from 2015 – 2018 (4 years) and then again in the offline...
A Life Well Lived: The Centenary of Nirmal Hardasmal Hingorani, Senior Advocate (1921-2021)
"…Through championing the rights of the most marginalized and impoverished sections of our society, Shri N.H. Hingorani has left behind him footprints on the sands of time that provide an inspiration to us all…"-Full Court Reference, Supreme Court of India, 10 September 2015It has been said that "the greatest use of a life is to spend it on something that will outlast it". These words could have been written for late Nirmal Hardasmal Hingorani, a pre-Partition jurist. I had the privilege of...
To Transfer Or Not To Transfer: Parameters Followed By The Supreme Court In Transfer Petitions
Covid-19 pandemic has witnessed quite an upsurge in the transfer petitions being filed in the Courts, particularly the Supreme Court. The overarching intent of these petitions is to avoid inconvenience, to curtail unnecessary expense and delay or to ensure a fair and impartial trial. It is probably the aspect of a fair and impartial trial that evokes maximum debate and discord. It is an oft-cited ground for transfer of an investigation from the state agencies to a central body, transfer of...
Toxic Contracts And Refund Denial Continue Despite RERA
The Real Estate (Regulation and Development) Act, 2016 (''the Act'') came into effect four years ago with noble promises and aspirations. The Act seeks to protect consumer interest and establishes an adjudicating mechanism for speedy resolution of buyer-builder disputes. At the time of coming into effect, the Act was hailed as a groundbreaking legislation that would elevate the bargaining status of homebuyers to a level where they could stand their ground against rich and powerful...
Parsing The Physician's Prescription Under The Competition Law Lens
There are 1.25 Million doctors in India. The numbers prima facie indicate that the medical industry has perfect market conditions where demand and supply checks can shield against market failures. But in actuality, there is a stark difference between the bargaining power of the service provider and the consumer. Since the deliverables in this industries can be as invaluable as life itself, the demand is quality sensitive, instead of being price sensitive. The vulnerability of the...