Articles
Appointment Of Arbitrators Under Section 11(6A) Of The Arbitration And Conciliation Act, 1996- Making A Case For Threshold Examination Of Objections
In what seems like eons ago, a Constitution Bench of 7 Judges of the Hon'ble Supreme Court, in the case of SBP & Co. vs. Patel Engineering[1] ["SBP"] authoritatively determined the scope and operation of the erstwhile Section 11 of the Arbitration and Conciliation Act, 1996 ["Act"]. Most notably, SBP held that the powers exercised by a court while dealing with an application under Section 11 are 'judicial powers' and not merely 'administrative powers' as previously held by a 3 Judge...
Learning At Law School – Of High Tables And Floors
When I was a child, my neighbour used to feed my brother and me whenever my parents went to the village. She would invite me home for food. I would sit on the floor; her entire family would sit at the table.Bahujan scholar and poet Omprakash Valmiki described in his biography, his father's insistence on him pursuing a higher education, despite knowing fully well of the discrimination that his son would inevitably face. A child who had already faced such discrimination from primary school, was...
An Overview Of Two Key Laws On Drugs In India
The present times beg the question: What are the laws on drugs in India? This piece seeks to provide a broad overview of two crucial laws pertaining to drugs, i.e., the Drugs and Cosmetics Act, 1940 (along with a brief introduction to the rules framed thereunder) and the Drugs (Prices Control) Order, 2013. I. Drugs and Cosmetics Act, 1940, and the rules made thereunder: (a) Drugs and Cosmetics Act, 1940: The Drugs and Cosmetics Act, 1940 (DCA)...
A Heartfelt Thank You To A Perfect Mentor, Justice Deepak Gupta
It has been nothing less than an honour for all of us to have been attached with the office of Justice Deepak Gupta. In our tenure we have gotten to learn immensely from him, not just about law but also about being a good person. He never let there be a divide between us and him, and never let us feel intimidated by him. Sir always welcomed our opinions which more often than not, could naturally not match the learned opinions of a Supreme Court Judge. However, he always valued our...
Applying Victimology To Covid-19 Lockdown
INTRODUCTION The COVID-19, otherwise called the deadly "coronavirus" is changing the society in ways. The World Health Organization declared it as a health crisis or pandemic in February 2020. It has additionally expressed that perhaps the greatest advance that one can take to stop the spread of this malady is "social distancing". Social distancing refers to avoiding contact with people around you which will aid in preventing the spread of the virus. Nations across the world have...
Distinctiveness Of Colour As A Position Mark : Are We Ready To Welcome An Evolved Trademark Paradigm ?
Introduction Until very recently, Position Marks was an unfamiliar concept in Indian trademark law, having its roots only in international Trademark law. As per the European Union Trademark Implementing Regulation ('EUTMIR'), followed by the Office for Harmonisation in the Internal Market ('OHIM'), which is the trademark and designs registry for the internal market of the European Union, 'Position Marks are trademarks consisting of the specific way in which the mark is placed or...
My Ideal Judge
In today's situation in India when the faith of the Indian people in our judiciary has been rudely shaken due to certain events, I would like to mention about a judge, Qazi Sirajuddin, the Qazi-e-Subah of Bengal, as an inspiration and beacon of hope for many upright judges who still exist in the Indian judiciary. Having been a Judge myself for 20 years ( from 1991 to 2011 ) I have studied the lives and works of numerous judges in the world, many of whom are my heroes for their uprightness,...
The Difficulties Of A Litigant In India Begin When He Has Obtained A Decree
India's lethargic judicial system requires no introduction. The infinite time consumed in adjudicating a case is equally well known. However, that is just one aspect. What about the other, post a decree? After years of struggle in obtaining a decree, does a litigant finally succeed in obtaining the fruits or relief granted by such decree? Or is it an equally long and a further infinite process that awaits a Decree-Holder? The Code of Civil Procedure 1908, dedicates an entire Order ...
Not 'Distinguished' Enough? The Tale Of Article 124(3)(c) Of The Constitution
Next month, Professor Andrew Burrows (University of Oxford) shall be sworn in as a Justice/Judge of the United Kingdom Supreme Court. Prof. Burrows is following the footsteps of the great Baroness Lady Hale (former Chief Justice of the Court and author of the judgment quashing the prorogation of the UK Parliament) who had also travelled from the academy to the Bench. Appointment of a law professor or an academician as a Judge is not uncommon. In fact, some of the greatest Judges have been...
[Column] 'A Sabbatical Isolation': By Justice V. Parthiban, Judge-Madras High Court
"Writing is a defence against boredom, but it's also a cure for 'melancholy'." - Bohumil Hrabal -Czech Writer In these times of forced isolation sentenced albeit temporarily to suffer complete disconnection from the professional occupation, the best way to keep the mind in motion is to reduce your meandering thoughts into writing to ward off the fear of the tardy movement of time. Ostracized by necessity and choice from the society of others into the claustrophobic...