Articles
Landmark Decisions, Invaluable Contributions – Revisiting Ram Jethmalani’s Legal Journey
As we commemorate another year of Ram Jethmalani’s birth anniversary, we are reminded of the sheer presence and stature he brought to each case he argued – irrespective of the client he represented, the area of law the case concerned itself with, or any other extraneous factor. For him, his duty to the court was always paramount, and his allegiance to his client’s cause was undeterred....
Interim Awards In Arbitration: Complexities And Distinctions
In the realm of arbitration proceedings, interim awards play a critical role in navigating the course of dispute resolution. In appropriate cases, interim awards help in substantially reducing the scope of adjudication of the dispute, thereby contributing towards effective and expeditious resolution, which is fundamental to arbitration. Under the provisions of the Arbitration...
Evaluating The Mediation Bill, 2023
Among the Bills passed in the recent session of the Parliament is the Mediation Bill, 2023. This Bill has the potential to reframe how we understand access to justice in India. After more than twenty years of policies enabling and mandating mediation and conciliation, these expressions are no longer unfamiliar to us. These are processes where persons in conflict take the assistance...
Recourse To Article 226/227 In Consumer Disputes: Can The Power Of The High Courts Be Ousted?
The Consumer Protection Act, 1986 [‘the 1986 Act’] is a holistic and beneficial piece of legislation which is consumer oriented in its approach and seeks to provide expeditious reliefs to aggrieved consumers. The 1986 Act was repealed by the Consumer Protection Act, 2019 [‘the 2019 Act’]. Both these Acts provide for remedies in cases of disputes qua deficiency of goods/services...
Justice And Fairness In Arbitration - An Overlooked Principle?
Arbitration is emerging as a powerful dispute resolution mechanism to address the challenges posed by hefty litigation costs and time-consuming legal proceedings in courts of law, thereby offering mutually agreeable and amicable means of resolving disputes. The idea of party autonomy is one of the essential components of the arbitration mechanism as a result of the pressing...
The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.
The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. The objective of the amendment was to expediate the arbitration proceedings and to make them more time efficient and desirable to the...
One Country, Many Names: What The Architects Of Our Nation Said About ‘India, That Is, Bharat’ In Constituent Assembly
Hundreds of years ago, famous English playwright William Shakespeare wrote, “What’s in a name? That which we call a rose, by any other name would smell as sweet.” This is what Juliet says to herself, as she ponders over the meaning of a name. Hundreds of years later, we ponder over the same thing, against the backdrop of rumours of a name change to be proposed for the country in...
Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution
Constituent Assembly debates are frequently cited before courts to canvas a particular interpretation of the Constitution. The Supreme Court has referred to the Constituent Assembly debates in important constitutional cases such as A K Gopalan vs. State of Madras, Golak Nath vs. State of Punjab and Kesavananda Bharati vs. State of Kerala. This article advocates a nuanced approach to...
Sale Of Mentally Ill Person’s Property
A person competent to transfer immovable property means an adult (who has attained the age of majority) having sound mind. An adult in comatose state or having mental illness or Autism, Cerebral Palsy or any other disability, is not capable of taking legal decision and hence cannot enter into contracts including sale deed for sale of immovable property held by him. In India, we...
Discussing The Discrepancies And Errors In The Bharatiya Sakshya Bill, 2023
Union Home Minister on August 11, 2023 introduced three bills namely Bharatiya Sakshya Bill, Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Sanhita Bill, with the aim to overhaul the criminal laws of the country and abolish Indian Evidence Act, 1872, Indian Penal Code 1860 and Code of Criminal Procedure 1973. The bills are referred to parliamentary standing committee...
Preventing Multiplicity And Streamlining Processes For Disability Certification
A Division Bench of the Delhi High Court, in a recent order, upheld a circular of the Indian Railways for issuing separate identity cards for persons with disabilities (“PwDs”) for the purpose of availing concessions such as discounted tickets and reserved seats (previously reported by Live Law here). While the issuance of such separate identity cards may be instrumental in...