Articles
Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries
In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. The Commercial Courts Act, 2015 (Commercial Courts Act, hereinafter) provides a specialized framework for the adjudication of commercial disputes so that the process becomes faster and more efficient. Though the Commercial Courts Act is aimed at...
Abetment Of Suicide – Applicability Of Law In Suicide Cases At Workplaces
The recent unfortunate incidents of suicide at workplaces, coerces one to discuss the reasons of such mishaps and to what extent the workplace ecosystem is to be blamed. This article delves into the intricacies of the law associated with abetment of suicide and recapitulates the jurisprudence applied by the Courts while deciding the cases of suicide at workplaces. Alongside, it also offers measures to create an inclusive and healthy work culture. For the prosperity of the country's...
Understanding Arbitration And Conciliation (Amendment) Act, 2015: Whether Retrospective Or Prospective In Nature
The Arbitration and Conciliation (Amendment) Act, 2015 marks a watershed moment in the history of Arbitration in India. The idea of the Amendment germinated in a Law Commission Report submitted in 2014 which recommended an overhaul of the current framework of the Arbitration.[1] The Amendment aimed to reduce judicial interference and ensure the timely resolution of the Arbitration matters by amending sections 9, 11, 17, 34 and 36 of the Act. However, the amendment brought in uncertainty...
Images Of Justice: Open-Eyed Or Blindfolded?
In an attempt to re-imagine the representation of justice, a new statue of Lady Justice or goddess Justitia has been unveiled in the Supreme Court of India. It shows the Lady Justice donning a saree, with a scale in one hand, the constitution in the other, and without a blindfold. It replaces some of the symbols traditionally associated with the Lady Justice- the blindfold and the sword, which are associated with judicial impartiality and the force of the law. This has sparked debates...
Closing The Gender Gap In The Higher Judiciary
As we celebrate 100 years of women in the law, with the first group of women lawyers getting their right to practice in 1924, its time we ask the question, what next? Where do we go from here? Is it progress enough that women are practicing in courts all across the country, are being appointed as judges and being designated as senior counsels? Have our legal institutions done enough? The answer to that is a resounding “No”. If our struggle in the first 100 years has been to enter the legal...
AI Washing In The Securities Market: Navigating Regulatory Challenges And Unlocking Potential
Change is the only constant. Mankind is one too familiar with this saying. After all, our insatiable curiosity and boundless ambition have continued propelling us towards new frontiers that seek to redefine the contours of our world. Now, with the burgeoning integration of artificial intelligence ('AI') into our lives, we once again stand at the precipice of a new frontier that promises to bring about tectonic disruptions in established business norms. Such a bold assertion is not...
Empowering Consumer Dispute Resolution In E-Commerce Via Digital Forensics
Due to advent of technologies and emergence of e-commerce in different field made the works easy for various sectors. Several sectors have been incorporating the new technologies for efficient working condition. E-commerce is something which has helped the traditional markets to absolve within the virtual market based on science and technologies. Several emarkets have been emerged due to such development. A huge number of consumers have been involved in the online transactions themselves...
Reforms In Bar Association: Case Study Of The Supreme Court Bar Association
On July 30, 2024, the Supreme Court democratized entry into the legal profession by holding the exorbitant enrolment fee charged by the State Bar Councils (“SBCs”) unconstitutional. Drawing upon the doctrine of manifest arbitrariness, SC in Gaurav Kumar vs Union of India & Ors, ruled that charging excessive fees exceeds the statutory requirements and violates fundamental rights under Articles 14 and 19 (1) (g). The Supreme Court is now again facing a similar issue in another case “Re:...
India And Puzzles Of International Tax: A Tale Of Trendsetter
India approach towards International tax seen as controversial as seen in case of Equalization levy and Special economic provisions. Recent G20 (chaired by India) shows India's commitment for Organization for Economic Cooperation and Development (herein “OECD”), which is also seen in Union Budget 2024. Still, unilateral measures still perplex the globe. India puzzle can be seen through lens of Wei Cui, who portrays various puzzle with the model proposed by OECD. The puzzles surrounds...
An Analysis Of Katta Sujatha Reddy (Part II) - Should The Application Of The Specific Relief (Amendment) Act, 2018 Be Determined Based On The Date Of Transaction Or The Date Of Cause Of Action?
In Part 1 of this series, we tested the prospective versus retrospective debate surrounding the Specific Relief (Amendment) Act, 2018 ('Amendment') and examined whether changes in the law ought to apply to pending suits. In this second part, we look to the second prong of the Katta Sujatha Reddy ruling: What ought to be the date of reckoning to decide whether the Amendment applies? Should it be the date of the underlying transaction or the date of the cause of action? Position of Law as per...