Successive References Under One Arbitration Agreement: Possible Or Not?

While the answer to the topic lies in the intricate details of individual contracts and/or arbitration agreements entered into between parties, the Arbitration and Conciliation Act, 1996 (“the Act”) permits successive references under one arbitration agreement. Sections 7 (1), 8 (3) and 21 of the Act read in consonance clearly portray that the legislative intention has always been to permit successive references. As stated by the Hon'ble Delhi High Court in Gammon India Ltd. and Anr. v...

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156(3) Cr.P.C. To delve into this issue, it is pertinent to examine the following aspects: Statutory Framework Section 154(1) read with Section 156(1) Cr.P.C. provides an inference that the Police...

Diplomacy And Conflict Management

Diplomacy is the art, the science, and how nations, groups, or individuals conduct their affairs to safeguard their interests and promote their political, economic, cultural or scientific relations while maintaining peaceful relationships with each other. If used tactfully, diplomacy can be best used in the workplace or even for building international relationships. History reveals that war is the cause of the end of diplomacy, and diplomatic Efforts will directly help resolve the...

Are UGC Regulations Mandatory Or Recommendatory On Statutory Universities? An Analysis With Judicial Developments

University Grant Commission (UGC) regulations are typically obligatory for statutory universities in India. Statutory universities are established by an act of parliament or state legislature, and they operate under the purview of the University Grants Commission (UGC). The UGC Act of 1956 empowers the UGC to coordinate, determine, and maintain standards of higher education. The term 'University' has a wider connotation under Section 2(f) of the Act . It reads as "University means a...

Parliamentary Privileges Of Parliament & State Legislatures Vis-À-Vis Fundamental Rights Of Citizens

The Parliament and State Legislatures don their privileges from the Constitution as provided under Article 105 and 194, respectively. Although, few privileges such as a member's freedom of speech within the Parliament/ State Legislature have been expressly mentioned in Articles 105 & 194, a vast majority of parliamentary privileges have not been enumerated or codified under the Constitution. This decision of framers of the Constitution, has left the future parliamentarians to...

How The Supreme Court Of Pakistan Has Legitimized Every Military Coup Under The Doctrine Of Necessity

Pakistan is known to be a country where the military prevails in influence and power over its civilian government since its very inception in 1947. The country has faced military coups which have sprung up military dictators such Ayub Khan, Zia Ul Haq and Pervez Musharraf. The irony of these coups is in its legitimacy as provided by the Courts especially the Supreme Court of Pakistan which has put their seal of approval on every betrayal of democracy by the military in Pakistan since 1955....

Construction Contracts: Rising Importance Of Enforceable Arbitration Agreement

In the past two decades, India has witnessed large scale infrastructure developments across the country. High stake construction contracts are awarded by the government agencies to Indian and/or foreign contractors by executing construction contracts. The Parties to construction contracts usually adopt arbitration as a mechanism to resolve their disputes expeditiously as against the long drawn procedure before a Civil Court. The Arbitration Agreement therefore assumes importance and it...

Liquidated Damages: Settled Law Yet An Unsettling Dispute

One of the most usual term in any standard form contract requiring delivery or performance within a stipulated time period, is a clause providing for application of an agreed pre-estimated compensation amount termed as “Liquidated Damages” against delay in such delivery or performance of the contract. It is generally provided that consequent upon delay in performing the contract by the promisor beyond the stipulated time period, the promisee shall be entitled to recover from the promisor...

Revisiting The Arrest And Bail Process Under PMLA: A Call For Review Of Vijay Madanlal Choudhary's Verdict

In the realm of legal discourse, few judgments have sparked as much debate as the Supreme Court's ruling in the case of Vijay Madanlal Choudhary v. Union of India[1]. Delivered on 27th July 2022, the judgment upheld the validity of certain challenged provisions relating to the power of arrest, attachment, search and seizure conferred on the Directorate of Enforcement [“ED”] under the Prevention of Money Laundering Act, 2002 [“PMLA”]. Amongst other issues, the Supreme Court held that the ED is...

Stay Or Not To Stay - An Enigma Of An Arbitral Award

The dichotomy between an arbitral award and its enforcement is intricate in its sweep. The courts reel under immense docket explosion and more specifically with regard to the challenge to arbitral awards, which gulp down much time of the courts. Many a time, an arbitral award is challenged by the award debtor, and at the same time an execution petition is filed by the award holder, creating a pandora's box for the courts to deal with such a quandary. The question facing the courts is - if ...

A Gear In The Right Direction: How The Apex Court Came As A Rescue For Vulnerable Couples Seeking For Protection

A couple from Kerala had moved a Petition seeking a writ of habeas corpus on the ground that one of the partners were forcibly being kept by her parents in their custody. In this case, both the Petitioners were female and it was a lesbian couple which were in an intimate relationship. The Kerela High Court heard the Petition and ultimately interacted with the family of “X” (Name has not been disclosed) and the outcome of the interaction was that the High Court directed “X” to undergo a...

Anti- Discrimination In Labour Laws

Anti-discrimination laws in the realm of labour encompass legal provisions designed to prevent and proscribe discriminatory practises targeting employees or individuals specifically on the grounds of certain protected attributes. Main purpose of the anti-discrimination law is preventing discrimination related to matter of employer-employee transactions based on gender, sex, race, religion or anything based on certain attributes. In India protection is explicitly provided under Article ...