Quippo Construction Equipment Ltd v Janardan Nirmal Pvt Ltd : A Critical Analysis

In the celebrated judgment of the Division Bench of the Bombay High Court in Mohandas Issardas And Ors. vs A.N. Sattanathan And Ors[2], authored by Justice M.C. Chagla, it was observed that a judgment of a Court has to be read in the context of questions which arose for consideration in the case in which the judgment was delivered. A distinction was drawn between ratio decidendi and obiter dictum of a judgment. Justice Chagla observed that an obiter dictum is an observation by Court on a...

Irregular Arbitration Agreements; An invitation To Intervene?

The origins of international arbitration are sometimes traced, if uncertainly, to ancient mythology. Dispute resolution among Greek gods, in matters at least arguably international by then-prevailing standards, involved disputes between Poseidon and Helios over the ownership of Corinth (which was reportedly split between them after an arbitration before Briareus, a giant) as stated by Ralston in his book, International Arbitration from Athens to Locarno in 1929. Athena and Poseidon over...

Pre-Litigation Mediation-A Real 'Setu' For Business

Derived from Sanskrit 'setu' means "to bind, who or what binds or fetters or a bridge". The word should have higher significance for organizations during these challenging times, which are looking to continue their businesses, honour commitments and make every effort to pay salaries - in short keep their business relationships alive and not burn any bridge. There is no doubt that these unprecedented times of COVID-19 and subsequent imposition of countrywide lockdown has caused not only...

IBC And The Pandemic: Is There A Way Out For Resolution Applicants?

Prior to the onset of Covid19 and the lockdown, several resolution plans would have been at the stage of: (1) Having been submitted under Section 30(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), cleared under Section 30(2) thereof by the resolution professional and pending approval by the Committee of Creditors (CoC), or, (2) Having been approved by the CoC under Section 30(4) of the IBC and pending approval by the Adjudicating Authority, or, (3) Having been approved by...

Vishakhapatnam And Bhopal: A Look At Our Morbid Past On The Road To Justice

History doesn't repeat itself, but it does have a tendency to rhyme. Paraphrasing Mark Twain seems apt for the events that have transpired at a chemical plant in Vishakhapatnam as it bellowed toxic gases into neighbouring villages, wreaking havoc on people, fauna and flora. The tragic incident forces us to revisit the deep scars that remain enmeshed in the lake city of Bhopal as a foreboding to what may arise in the future in Vishakhapatnam. Strict v/s Absolute liability The ...

Warranty Period Of Consumer Product And Services Amidst Covid-19

Following the outbreak of the deadly pandemic, we have almost strived ourselves through the two months of rigorous lockdown, and further proceeding towards lockdown 4.0. Although, our subsistence by staying at home during the present time would have been way more challenging, had we not as a consumer relied upon durable consumer goods and products (automobiles, home appliances, consumer electronics, furniture etc.) for our day to day functioning and upkeep. However, unfortunate are those,...

Memories Of 70 Years Of A.K Gopalan Case

On 19th may 1950, exactly 70 years ago, a landmark judgement was pronounced by a Constitution Bench comprising Chief Justice H J Kania, Justice Fazal Ali, Justice Patanjali Sastri, Justice M.C Mahajan, Justice Ranjan Sudhi Das and Justice B.K. Mukherjea - A K Gopalan vs State of Madras. About the Case A.K Gopalan, famous communist leader, who was the petitioner in this case filed the petition under article 32 (1) of the Constitution of India for a writ of habeas corpus...

The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC

Section 29A of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') provides an outer limit of 18 months to complete the arbitral proceedings, with the exception that in cases where sufficient cause is made out, the court may grant extension beyond the period of 18 months. However, the prohibition upon institution of and/or continuation of pending proceedings in terms of section 14 and 101 of the Insolvency and Bankruptcy Code, 2016 ('IBC'), has given rise to an interesting...

Reservation In Promotion – A perspective

The casteless outcastes of Indian society, subjected for centuries to unfathomable social suppression and economic depravity have been compiled together as the Scheduled Castes and Scheduled Tribes (hereinafter "SC/ST") under the Constitution. Their plight has been described in various ways. Rabindranath Tagore described it as a "gigantic cold-blooded repression". Dr. B.R. Ambedkar termed it as a system of "graded inequality". Swami Vivekananda spoke for Shudra Raj and questioned the...

Moratorium On Insolvency And Bankruptcy Code, 2016: Is It A Cure-All Or Only Help A Few

On 17.05.2020, the Finance Minister of India while announcing the fifth tranche of the stimulus/relief packages to mitigate the consequences of COVID-19 on the Indian Economy, also announced that there will be no fresh insolvency filings under the Insolvency and Bankruptcy Code, 2016 ("IBC"). The Finance Minister informed that an ordinance will be brought to this effect. Undoubtedly, the business across the country requires relief but an absolute embargo upon the fresh insolvency filings...

Impact Of Surrogacy & DNA Regulation Laws On The Presumption Of Paternity Under Section 112 Of The Indian Evidence Act

INTRODUCTION Section 112 of the Indian Evidence Act, 1872, states that any person born during the continuance of a valid marriage between his mother and "any man" shall be conclusive proof that he is the legitimate son or daughter of the parties to the marriage, unless non-access between the parties to the marriage is satisfactorily proved. With the advent of technology and DNA profiling, many arguments are put forth by academicians, questioning the need for such "presumption of...

Section 99 Of Finance Act, 2020, Judicial Act And Its Constitutional Validity

Introduction Section 99 of Finance Act, 2020 (hereinafter for sake of brevity referred to as "the Finance Act") has sought to amend the first proviso to section 254(2A) of the Act in respect of granting stay in any proceedings relating to an appeal filed before the Hon'ble Income-tax Appellate Tribunal ("the ITAT"). This amendment has the potential to be interpreted in a manner that can cause immense hardship to the taxpayers and thereby increase litigation. Summary of the...