Judicial Inroads Into Arbitration: Section 34 Saga

The theme of "Judicial Inroads into arbitration" is replete with conundrums; one can easily get bogged down in definitions and the limits, both conceptual as well as practical. The objective of this article is to focus on some test cases and, consequently, a somewhat narrower field dealing with the scope of judicial interference into domestic arbitration awards. The diversity of the topic is primarily because arbitration continues to evolve at a rapid pace in India. This is an area...

Section 304A Of Indian Penal Code: The Amendment That Never Happened

The Ministry of Home Affairs (MHA) recently set up the Central Committee for Reforms in Criminal Law. The committee is headed by Ranbir Singh and consists of G.S. Bajpai, Balraj Chauhan, Mahesh Jethmalani and G.P. Thareja. It will be gathering opinions online, consulting with experts and collating material for their report to the government. They will go on for the next three months. In its official website, the committee has invited experts in the field of criminal law to participate in...

From The State To The Adivasis : Compensation In Lieu Of 'Development'

The proposed 3097 MV Etalin hydro electric project in Dibang Valley district of Arunachal Pradesh falls under the 'richest bio-geographical province of the Himalayan zone' and under 'one of the mega biodiversity hotspots of the world' as per the Forest Advisory Committee 's (FAC) observations. The forest land set to be diverted is also recognized as a vital tiger area in the region. As per the project proposal, the justification for locating the project in a forest area is to utilize...

Dearest Ram Mohan: A Remembrance

The loss of someone close is always difficult to come to terms with.Ram Mohan was a very dear friend. I grew close to him more than two decades ago when he took a building on rent from me for his temporary residence in Kochi. Yesterday, I sat in Court till 3.30 pm - the first time I sat so late after reopening - and when I returned to my Chambers, my PS mentioned Ram's name. Before I heard what she was telling me, under the impression that he had come to meet me after very long, I eagerly asked...

The Meanderings Of Section 65B, Indian Evidence Act, 1872- A Poem

Nostalgic we are for the analogue days hard copy missives with postal receipts photos clicked on Kodak film duly accompanied with negative sheets. The digital revolution brought changes galore emails and servers, hard disks and clouds. Outside the vision of James F. Stephen, the proving of CDs and printouts. Then at the turn of the millennium Section 65B made an appearance (And that somewhat superfluous 65A) in our neat statute of evidence Brands, models, serial numbers, ...

A Peep Into 'Roll Of Advocates' System Of Allahabad HC

Unlike the Advocate on Record [AoR] system followed by its neighbour Patna High Court, the Allahabad High Court has in place a different system to regulate the practice of the lawyers in its two benches viz. Allahabad and Lucknow which is called 'Roll of Advocates'. [RoA]Background To 'Roll of Advocates'Prior to introduction of the Roll of Advocates System, anyone registered with any State Bar Council or with the Bar Council of India could file, plead and appear before the Allahabad High Court....

GIPC Index And US Special 301 Report: (Ir)relevance For India

India has made some significant developments in its IP regime. In 2019, India ratified three WIPO treaties namely the Vienna, Nice and Locarno Agreements.[1] India also revised the Patents (Amendments) Rule in 2019[2] by which it allows both Indian and foreign applications to apply for expedited patent examinations.[3] Moreover, an 80% rebate is being provided to start-ups on patent filing fee.[4] India also rolled out National IPR Policy in 2016 and Trademark Rules 2017[5]. India,...

Contempt By 'Scandalizing The Court' : A Battle Of Perceptions On An Uneven Field

An analysis of the high degree of subjectivity involved in assessing what constitutes 'scandalizing the court'.

Two Recent Madras HC Judgments On Criminal Defamation: An Analysis

The Madras High Court through two judgments delivered on 5 May 2020 and 21 May 2020 has helped advance the cause of free speech in India. These two judgments address different aspects of the law relating to criminal defamation. The first deals with substantive aspects of the law, while the second judgment relates to procedure. In their own right, though, both the judgments represent significant contributions. Article 19 (1) (a) of the Constitution of India guarantees to every...

[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose

The object of the Commercial Courts Act, 2015 is to improve India's image as an attractive investment destination. The ease of doing Business index is assessed by the World Bank based on 10 parameters and "Contract enforcement "is one of them. India is known for its judicial delays and backlogs. In order to erase that image and to encourage foreign investments, the Commercial Courts Act came to be enacted. The Act envisages early disposal of Commercial disputes involving a particular...

Shri Padmanabhaswamy Temple Case (Marthanda Varma v. State of Kerala) - A Critique

The Supreme Court judgment in the Padmanabhaswami Temple case may be said to have brought to a close a longstanding controversy regarding the management of this renowned temple at Tiruvananthapuram. The main issue was as to who is to manage the temple which has been under the control and management of the Travancore royal family at least for the last more than 250 years. One of the main contentions was that the management or trusteeship of the temple was vested in the Ruler of...

The Tenth Schedule In Rajasthan : Dissidence To Defection - The Dynamics Of Power

Pilots episode of Rajasthan power politics raised the issue of freedom of speech verses restrictions on defection. A political party which is not internally democratic cannot promise democratic governance while in power. Dissent and debate are, as rightly argued by Harish Salve, essential components of democracy. None should be disqualified as legislator for criticising the leader or the party. Constitutionalism of democracy must be in total agreement with the point raised on behalf of...