Non-Signatory Countries To New York Convention & Enforcement Of Foreign Awards In India

BackgroundThe Indian Arbitration law clearly distinguishes between the procedure that is to be followed regarding enforcement of domestic and foreign arbitral awards. A bare reading of the Arbitration and Conciliation Act, 1996 (“the Act”) would imply that Part I of the Act deals with domestic awards, while Part II of the Act is exclusive for foreign awards. Further, Chapter I of Part II states that only those foreign awards would be enforceable in India if it has been passed in a country to...

Judges Appointing Judges

But man, proud man, Dressed in a little brief authority…Plays such fantastic tricks before high heaven, As make the angel weep.                                                           - William Shakespeare’s Measure for Measure, Act II Scene 2No democracy can flourish without an independent judicial system, a system free from fear or favour, or ill will, a system isolated from the other branches of government. It enhances the prosperity and stability of the social order.Art. 124 of the...

Judicial Legislation: Whats’ The Lakshman Rekha !

“There was a time when it was thought almost indecent to suggest that judges make law; they only declare it. Those with a taste for fairy tales seem to think that in some Aladdin’s cave there is hidden a common law in all its splendour and that on a judge’s appointment there descends on him knowledge of the magic words, ‘Open Sesame’. Bad decision are given when the judge has muddled the password and the wrong door opens. But we do not believe in fairy tales anymore.” - Lord ReidLet me start...

Demonetization Is Both Revolutionary And Responsibility

Since independence, India has witnessed many revolutions inside the country. But, on the 8thNovember 2016, Indians were stunned by the demonetization revolution brought about by Prime Minister Mr. Narendra Modi, a revolution which is considered as a huge surgical attack on black money, both ‘systematic and systemic’ in electoral politics, propped up by corrupt businessmen, politicians and executives. By  invalidating the highest currency in terms of value, the root of the majorproblems...

Understanding The UAE Legal System

The UAE is one of the most cosmopolitan and investment friendly destinations in the world. India’s trade relations with the UAE is centuries old, and thousands of Indian investors, both individuals and corporate, have invested billions of dollarsin the UAE. However, it is surprising that many of them are unaware that the UAE legal system is considerably different from the Indian system.IntroductionThe UAE comprises of seven emirates (or states): including Abu Dhabi, Dubai, Sharjah, Ajman, Ras Al...

Demonetisation And Its Aftermath - Should The Judiciary Intervene?

Subsequent to the gazette notification of 8th November, 2016 that demonetised the Rupees 500 and 1000 banknotes, a number of petitions were filed in various High Courts around the country and also the Supreme Court of India challenging the legality of the notification. The fundamental question that these batch of petitions raise is whether the courts should intervene in matters that can be classified as policy decisions of the government. It would be instructive to take a look at the judgments...

My Right To Existence - The Sordid Saga Of Future Generations Through A Child

The Supreme Court passed a significant order last weekend responding to a plea by three infants for the ban on the sale of firecrackers in NCR, Delhi. The Court through Chief Justice TS Thakur reiterated: “Keeping the grave air quality in mind, we can intervene to suspend the license”. The petition, citing WHO reports, stated that Delhi has retained the unique distinction of being the most polluted city in the world. Levels of particulate matter are highest and across the country, over 7 lakh...

Peregrinator Of A Road Less Travelled By

I have chosen the title of this tribute after long thought and am convinced that no other can describe the life of Justice Krishna Iyer any better.The life and times of Justice Krishna Iyer is in itself a festival that coronates the most fitting commemoration.That he is the tallest jurist who walked this part of the world would, when made with reference to the redoubtable Justice Krishna Iyer, be cast as no more than a litotes and no amount of hyperbole would justify his extra ordinary and...

Use Of Aadhaar To Get Mobile SIM Connections: Legal Issues Involved

These days, telecom operators are relying on Aadhaar data for customer verification before activating SIM cards.  Reliance Jio, which is creating waves in the telecom field, is making use of this facility to its fullest potential. Operators like Airtel and Vodafone have also started to make use of Aadhaar date. Ever wondered how such private players are able to make use of Aadhaar data containing personal and sensitive information? Are there any regulations in place to ensure that nothing...

Equal Pay for Equal Work: A Paradigm Shift In Judicial Reasoning From Socialism To Human Rights

The judgement of the Supreme Court in State of Punjab and Ors vs. Jagjit Singh and Ors on 26th October, 2016 appears to present a shift in judicial reasoning  behind granting pay parity to temporary employees with permanent employees. It is common knowledge that temporary employees while putting the same or even more amount of work, are blessed with the lesser pay as compared to permanent employees and the biggest reason why such employees remain in service accepting lesser pay is the hope that...

Alienation Of Tribal Land Is Not Just A Legal But Cultural Issue

The recent judgment of Supreme Court in UCO Bank vs. Dipak Debbarma  in which  Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 was held invalid as it was said to be inconsistent  with the Securitization and Reconstruction of Financial Assets and  Enforcement  of Security Interest Act, 2002 (a Central Act). Section 187 of the Tripura Act prohibited the bank fromtransferring the land mortgaged by an ST member to a non-ST person as invalid. Despite the Tripura Act being placed in...

Forsaking Constitutional Morality At The Altar Of Constitutional Patriotism?

On 29th November the President elect of the United States of America (US), Donald Trump tweeted “Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!” The statement made by Donald Trump is significant because it goes against the Bill of Rights enshrined in the US Constitution as interpreted by the Supreme Court of the United States of America, which had in Texas v. Johnson (1989) held that flag burning...