Non-Registration And Insufficient Stamp Duty ; Added Limitations To The Arbitration

Arbitration was introduced to provide an effective and speedy dispute resolution mechanism. It emerged as a viable alternative to the slow and long litigations. However, with the passage of time, the arbitration itself becomes complex, and faced with various limitations. Therefore it, often, unable to furnish a hassle free mechanism. The reasons could be many, but both legislative and judicial bodies have played their role in shaping the scope of arbitration in India. Abitrability of...

The Habeas Corpus Conundrum- The Supreme Court Must Resurrect Itself

Recent cases invoking the writ of habeas corpus filed before the Hon'ble Supreme Court of India reveal a disquieting trend of the Court not taking up the petitions with the speed and urgency, it deserves. The remedy has been weakened- indeed an alarming trend for the Supreme Court who has been assigned the task of the sentinel -on –the-qui- vive to safeguard the rights and liberties of its citizens. The writ of habeas corpus is a powerful safeguard of the liberty of a subject...

Section 24 Of New Land Acquisition Act 2013

Right to Fair Compensation Act 2013 In this article I propose to deal with interpretation of Sec 24 of the Act, with particular emphasis on its impact on pending proceedings. I wish to begin with posing two questions; which perhaps will also be concluding part; leaving it to the wise counsel of the READER. Question 1 Whether the concept of statutory deemed lapsing of Acquisition Proceedings under Sec 24(2) of the Act 30/2013, which are commenced under Land Acquisition Act of 1894...

Why Commercial Civil Courts Have The Potential To Be And Possibly Are Better Than Domestic Arbitrations

The process of adjudication in domestic arbitrations has always been slow and has not gathered significant pace even with the multiple amendments in the Arbitration and Conciliation Act, 1996. This is primarily since arbitrators and attorneys assisting arbitrators take up multiple matters in courts and multiple arbitrations, whether on the same day or otherwise, the culture is incomprehensibly not "arbitration centric" yet, timelines set in arbitrations are taken particularly lightly and...

Deciphering Ratio Decidendi – A Case Study

It is trite to say that a decision is binding not because of its conclusion but in regard to its ratio and the principle laid down therein[1]. Of course, the judgment, or the decision is, and remains binding, unless overruled subsequently. Thus, in the case of a judgment of the Supreme Court, it is what is said under Article 141 of the Constitution, which is a declaration of law and not what the Court does under Article 142 to do complete justice. However, it is not always easy to...

Do Personal Laws Come Within The Ambit Of The Constitution ? The Conundrum Continues.......

Legal systems all over the world have constantly grappled with the issue of the nature and content of laws. In a State governed by a written constitution, where laws of all kinds are subordinate to the Constitution, it is axiomatic that an inferior norm that qualifies as law must answer to the test of conformity with the provisions of the written constitution. In this background, it becomes important in a country like India to have a clear understanding as to the nature and character of...

Article 50 Of Indian Constitution Vis-a-Vis Independence Of Higher Judiciary: Incessant Disregard Of Legislative History

"The general principle involves two consequences first, that a judge or magistrate who tries a case must not be in any manner connected with the prosecution, or interested in the prosecution. Second he must not be in direct administrative subordinate to anyone connected with the prosecution (or indeed the defence). Quite clearly it is impossible for a judge to take a wholly impartial view of the case, he is trying if he feels himself to any extent interested in or responsible for the...

[Law On Reels] 'Ek Ruka Hua Faisla':The Eye To Detail

A jury is a group of people required to attend a legal case and give a verdict based on the evidence presented. If the verdict is not unanimous, the legal case does not meet a near immediate conclusion. The jury obviously requires a discussion organized behind closed doors, in privacy. It may end up requiring more than a day. In those situations, it is preferable, the privacy of the Jurors is maintained and they are neither allowed to return to their home environment nor communicate over their...

State's Legal Framework To Control Epidemic Diseases And Its Constitutionality

When the humanity is battling against deadly coronavirus, serious questions of federalism, civil liberties and privacy have also been looming large. The Centre armed with shining Disaster Management Act of 2005 (DMA) has been aggressively firing salvos against the States. The States have jumped into the war zone with colonial legislation namely Epidemics Decease Act of 1987 (EDA of 1897). However, neither the States have shown any interest in questioning the application of DMA by the Centre in...

Legal Flaws On The Mandatory Imposition Of Aarogya Setu App

The extension of the "nationwide lockdown" by another two weeks has brought with it a slew of further directions under the National Disaster Management Act. Many of these directions exacerbate the problems pointed out in previous posts. For example, unlike previous directions, this one actually does impose a physical curfew (between 7PM and 7AM), and directs local authorities to pass necessary orders implementing it. This particular direction lies at the intersection of rule by executive decree...

Justice In Lockdown: Concerning Trend In Bail Hearings Before Trial Courts

'Despite repeated calls, the counsel for the applicant did not appear.' These words appear way too often in orders passed by the District and Sessions Courts at Patiala House Court Complex in New Delhi. The applicants in these cases, whose plea for justice goes unheard due to the absence of their lawyers, are prisoners seeking bail to protect themselves from the COVID19 infection. Prison complexes are extremely susceptible to the spread of novel coronavirus, which makes prisoners a...

Epidemic Diseases (Amendment) Ordinance, 2020 Needs A Relook

In response to the increasing instances of attacks against doctors and healthcare workers throughout the country, the government brought into force the Epidemic Diseases (Amendment) Ordinance, 2020 (the Ordinance). Judging by past experience, there is a looming possibility that the temporary Ordinance may gain permanence through a legislative stamp of validity from the Indian Parliament in the next session. The requirement of the Ordinance under the given circumstances can hardly be...