Articles
Lessor/Lessee Disputes Whether Arbitrable
Arbitration is a mechanism by which the parties to an agreement decides the mode and the manner by which the dispute between the parties may be adjudicated. Given the fact that our Judicial system is already overburdened, Arbitration as an alternate dispute resolution mechanism is undoubtedly a natural choice for the parties looking for expedited adjudication of their disputes. One of the crucial aspects that merits attention while including an arbitration clause in any agreement...
The Supreme Court's Decision In BGS SGS SOMA: A Discordant Harmony?
The Supreme Court's recent decision in BGS SGS Soma JV[1] laid down the law on the question of determination of the seat of arbitration, in both international commercial arbitrations as well as in domestic arbitrations. After exhaustive review of the English and Indian case law on the subject spanning more than 30 years, the court did a commendable job in finding a harmonious tune. But it had seven jarring notes, which meant that the decision wasn't pitch-perfect. This paper discusses...
A Sequel To Serajuddin Ansari Case
You Can Read the First Part HEREThe Curious Case Of Serajuddin AnsariAfter having narrated the tale of Serajuddin who languished in jail for 14 years only to be acquitted in a hurried trial at the end of it, let us explore whether he could be termed a 'victim' according to our legal system. This topic though complex, is relevant, since numerous Serajuddins must be in jail suffering a similar fate. To start with 'victim' was neither defined in our earlier code of 1898 or revamped Code of...
Law On Reels : Nuance-Free Depiction Of A Lady Lawyer In 'Four More Shots Please'
"I was the first woman to burn my bra - it took the fire department four days to put it out."― Dolly Parton Allyson Berri, in her rather interesting article "What's behind Dolly Parton's rejection of feminism?" points out very interesting statistics. She says less millennial black women identify themselves as feminists (21%) compared to white women (26%). 75% of white women felt that feminism had delivered whereas 46% of African American women concurred. In explanation, she suggests that...
Artificial Intelligence In Aid Of Judiciary
A conversation on Artificial Intelligence and how it can enhance the capabilities of our overburdened judiciary was the impetus for an Advocate and a Data Scientist for writing this article. The conversation in Q&A form: Q: Can AI be used to pronounce judgements instead of a human? Ans: AI does not have a visual cortex and hence cannot see the feelings on the faces of humans Q: Don't feelings create bias in the eyes of the judge? Ans: The judges are trained to look at...
Fedaralism And India's Fight Against Covid - 19
Introduction India and the world are today faced with an unprecedented crisis – the Covid-19 virus is spreading rapidly and very little is known as to how it is to be defeated and when it would end. Its propensity to spread quickly and without knowing borders makes it essential that the fight against the virus be carried on in a similar fashion – without recognising state borders and in a rapid and unified manner. In that scenario, a question that would have troubled a lot of people...
A Perspective On The Perplexity Surrounding The Latest Amendment To The Insolvency And Bankruptcy Code
Extraordinary times call for extraordinary measures. With the outbreak of COVID-19, corporate entities faced unprecedented challenges in meeting their financial commitments, leading to defaults on loans, delays in repayment against supplied and services etc. To tackle the understandable inability, the Notification dated 24th March, 2020 ( hereinafter the Notification) was issued which altered the amount of default required to qualify for preferring an application under Section 7, 9 and...
Contracts Of Adhesion : Does The NCLT Have Power To rule Generally On Validity Of The Clauses Of Contracts ?
The National Company Law Tribunal ('NCLT'), established under the Companies Act, 2013, has emerged as the forum of choice for the purpose of 'recovery' of debt from corporate debtors under the Insolvency and Bankruptcy Code, 2016 ('IBC'), even though it was not established with the intent to enforce and effect recovery of debts. As much as everyone, including the learned members of the NCLT, often insist to the contrary, the stark reality is that the NCLT has become indeed, a forum to...
Till New 'Law', Whether Lynching Go Unpunished?
Yet another cruel lynching in India on 16th April 2020 in Gadchinchle village of Palghar District of Maharashtra killing two innocent Hindu Sadhu's in saffron robes and a driver of a vehicle they hired, indicating the utmost inhuman attitude of mob and criminal dereliction of duty by police. Even some policemen were beaten up. This involved more than hundred persons and a couple of negligent police officers. Whoever are the killer mob of any community, they are agitated and believed that...
[Kesavananda Bharati Case] Remembering Prof Conrad : The Genius Behind Basic Structure Doctrine
[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine']. The judgment in Kesavananda Bharti v. State of Kerala [(1973) 4 SCC 225] is arguably the most important decision delivered by the Supreme Court of India. The judgment laid down that although the Parliament has the power to amend, add, modify or repeal any part of the Constitution, there are...
Militarization Of Health: A War Against Humanity
Global health crises have rocked the world recently with the recent SARS-CoV-2 virus and the earlier Ebola outbreak. In 2014, the UN Security Council in its Resolution 2177, termed the Ebola outbreak as a 'threat to international peace and security' under article 39 of the UN Charter. Now, when pandemics are termed as a 'security issue' rather than a 'health issue', it inevitably shifts the focus from general well-being to responding via the military, both inter-country and intra-country....