Justice And Fairness In Arbitration - An Overlooked Principle?

Arbitration is emerging as a powerful dispute resolution mechanism to address the challenges posed by hefty litigation costs and time-consuming legal proceedings in courts of law, thereby offering mutually agreeable and amicable means of resolving disputes. The idea of party autonomy is one of the essential components of the arbitration mechanism as a result of the pressing need for effective and accessible dispute resolution processes. This provides the disputing parties the freedom to...

The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.

The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. The objective of the amendment was to expediate the arbitration proceedings and to make them more time efficient and desirable to the parties. In the year 2019 another amendment was made to Section 29A after which the time limit of 12 months for...

One Country, Many Names: What The Architects Of Our Nation Said About ‘India, That Is, Bharat’ In Constituent Assembly

Hundreds of years ago, famous English playwright William Shakespeare wrote, “What’s in a name? That which we call a rose, by any other name would smell as sweet.” This is what Juliet says to herself, as she ponders over the meaning of a name. Hundreds of years later, we ponder over the same thing, against the backdrop of rumours of a name change to be proposed for the country in the upcoming 'special session' of the Parliament. What did the Constituent Assembly say about this?Article 1 of...

Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution

Constituent Assembly debates are frequently cited before courts to canvas a particular interpretation of the Constitution. The Supreme Court has referred to the Constituent Assembly debates in important constitutional cases such as A K Gopalan vs. State of Madras, Golak Nath vs. State of Punjab and Kesavananda Bharati vs. State of Kerala. This article advocates a nuanced approach to citing Constituent Assembly debates. Speeches of individual members of the Constituent Assembly cannot be...

Anti-Corruption Law Should Receive A Purposive Interpretation At The Hands Of The Constitutional Courts

C O N T E N T S Sl. Order. I N N E R T I T L E S Para No. A THE PROVOCATION 1 B REFERENCE TO THREE JUDGES’ 2 C REFERENCE TO CONSTITUTION BENCH (CB) 3 D THE APPROACH BY THE CB 4 E QUESTION FORMULATED BY THE CB 5 F ...

Sale Of Mentally Ill Person’s Property

A person competent to transfer immovable property means an adult (who has attained the age of majority) having sound mind. An adult in comatose state or having mental illness or Autism, Cerebral Palsy or any other disability, is not capable of taking legal decision and hence cannot enter into contracts including sale deed for sale of immovable property held by him. In India, we have various laws for protection and benefit of mentally ill persons, as briefly discussed in this article...

Discussing The Discrepancies And Errors In The Bharatiya Sakshya Bill, 2023

Union Home Minister on August 11, 2023 introduced three bills namely Bharatiya Sakshya Bill, Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Sanhita Bill, with the aim to overhaul the criminal laws of the country and abolish Indian Evidence Act, 1872, Indian Penal Code 1860 and Code of Criminal Procedure 1973. The bills are referred to parliamentary standing committee to hold deliberations on the bills and it is expected that the committee will table its report by the winter...

Preventing Multiplicity And Streamlining Processes For Disability Certification

A Division Bench of the Delhi High Court, in a recent order, upheld a circular of the Indian Railways for issuing separate identity cards for persons with disabilities (“PwDs”) for the purpose of availing concessions such as discounted tickets and reserved seats (previously reported by Live Law here). While the issuance of such separate identity cards may be instrumental in enabling PwDs to avail a myriad of concessions in the Indian Railways, the promotion of multiplicity of ...

Money Laundering : A Process Or A Punishment

Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. It's pandemonium; concealing a transaction a sham transaction to put together a legitimate coffer. The act catches money laundering. Thus, money laundering is “parasitic” and hence cannot arise if there is no scheduled offense and/or if there are no proceeds of crime. He added that it is only when proceeds of crime are sought to be projected as clean money, the separate offense of...

Reshaping The Canvas: The Thaler Echo

In a recent legal development, the United States District Court for the District of Columbia adjudicated upon a pressing question at the crossroads of Artificial Intelligence (“AI”) innovation and Copyright Law. The case, Stephen Thaler v. Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, et al.[1] (“Thaler”), has gained additional significance due to its occurrence amidst an ongoing strike by Hollywood workers, bringing to the forefront not only...

Bhartiya Nagrik Suraksha Sanhita: Worse Than The British

While tabling The Bhartiya Nagrik Suraksha Sanhita, 2023 as a replacement for the Code of Criminal Procedure, 1973, the Home Minister announced that the new law governing procedure in the criminal justice system would get rid of a backward colonial legacy and bring an Indianised law more appropriate for modern India. Even a casual comparison of the old and the new however would show first, that the Criminal Code as existing pre- independence and even after its adoption by Parliament...

With Several Delhi Riots Cases Collapsing In Courts, Delhi Police Must Face Questions On Accountability

"When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy," a Delhi Court observed in September 2021.Three years on, courts in the national capital have continuously passed strictures against the Delhi Police highlighting the loopholes in investigations and fabrication of evidences in the FIRs registered in 2020...