Articles
Repatriation Of Aircraft: Conflicts Between International Laws And Domestic Laws
Introduction India is one of the fastest (and largest) growing domestic aviation markets in the world. According to Boeing, India will need around 2400 aircraft in the coming years to meet the rising demand for air travel. Since most of the aircraft in India are imported on the operating lease; smooth and expeditious export of aircraft also becomes an essential aspect for the industry. Thus, export is one of the remedies, which a State should provide to a lessor under the Aircraft ...
Delhi Riots: Justice Not Done
The Delhi High Court's handling of the petition seeking FIRs against the BJP leaders for their alleged hate speeches on February 27 amounts to abdication of constitutional duty. The time has come for the nation to be reminded that judges of the Supreme Court and high courts are constitutionally obliged to "make and subscribe… an oath or affirmation according to the form set out for the purpose in the Third Schedule." The oath inter-alia requires the person to solemnly affirm, "that I will...
Two-Tier Arbitration: Ensuring A Private Appellate Forum
Introduction An arbitral tribunal is a private fora chosen voluntarily by the parties to a dispute for its adjudication in place of public fora, i.e., the courts and tribunals constituted under the laws of a country.[1] Party autonomy is one of the foundational pillars of arbitration.[2] The expanse of party autonomy is vast, covering a wide range of issues like choice of substantive law, law governing the arbitration agreement, law governing the arbitral procedure, place of...
Midnight Transfer of Justice Muralidhar
Justice Muralidhar's midnight transfer raises both immediate and deeper questions. Although we were forewarned that he would be transferred, the post midnight marching orders were clearly punitive because he wanted FIRs to be filed against hate speech provocateurs against whom more than a prima facie existed on video. His orders were to immediately register the FIR's which were bypassed to the Chief Justice of Delhi to whom the case went who gave 4 extra weeks to file the criminal cases. FIRs...
Is It Ethical For A Sitting Judge To Publicly Praise the Prime Minister?
The Supreme Court of India was hosting the International Judicial Conference 2020 (22nd-23rd February) on the theme "Judiciary and the Changing World" to facilitate a dialogue of ideas between judges of India and those from abroad. However, the remarks made by Justice Arun Mishra in praise of Prime Minister Narendra Modi must have made the judges from over twenty countries (including United Kingdom and Australia) also reflect upon the themes of judicial ethics and propriety — which were...
Proving Citizenship: Lessons From The African Court On Human And Peoples' Rights
Ochieng v Tanzania and Penessis v Tanzania are two recent decisions of the African Court of Human and Peoples' Rights, that demonstrate a humane and sensitive approach to the vexed question of citizenship challenges. Both cases involved challenges by individuals who had been declared non-citizens by Tanzanian authorities.In Ochieng v Tanzania (22 March 2018), Tanzania deported a declared "non-citizen" to Kenya, who then "deported" him back, leaving him stuck in what the Court called a "no-man's...
Sedition :Tool Of Selective Abuse Against Dissent
British Rulers abused the law of sedition to frighten the leaders and stifle the movement for Independence. Tilak and Gandhi were their targets. Tilak was tried twice and Gandhi was punished once for writing against British Raj and inspiring millions into the freedom struggle. When Britishers charged them with sedition truly the accused were causing disaffection and openly wanted the rulers to leave the country and let Indians rule themselves. Gandhi argued that when people want to protest...
Real Estate Development - Need To Simplify Legal Procedures
More often, several real estate development projects are stalled at a very primary stage, may be at the stage of procurement of land, or in process of seeking various permissions under different statutes. The unhappiness amongst the real-estate developers as regards the complexities in the procedures and in getting the required permissions, appears quite genuine. It is noticed that many litigation proceedings, at least by or against the respective State Governments arise due to delay in...
The New Law On Rectification Of Register Of Members Of Companies – A Need To Reconsider The SC Judgement In Shashi Prakash Khemka V. NEPC
A short judgment of the Supreme Court in Shashi Prakash Khemka v. NEPC Micon (2019) SCC OnLine SC 223 ("Khemka") has become particularly significant in the Indian law governing actions for rectification of the registers of members of a company. Such actions are usually preferred by persons who claim to be members of a company and whose membership (such as name, extent of shareholding held, etc.) is not correctly reflected in the register of members that is statutorily required to be ...
