Articles
Rule Of Repugnancy And Appointment Of Arbitrator Under The Indian Arbitration Regime
Recently, the Delhi High Court, in Sunil Kumar Chandra v Spire Techpark Pvt. Ltd. (“Spire Techpark”), has held that in case where there is an inconsistency between two clauses in an agreement, the latter clause is to be rejected as being repugnant and that the earlier clause prevails. Against the decision of the Delhi High Court, a Special Leave Petition was preferred, and the same was dismissed in limine by the Supreme Court vide orderdated 10.04.2023. While the dispute between the...
Proposed Regulatory Framework To Curb The Problem Of Delays In CIRP
The Insolvency and Bankruptcy Code, 2016 (“IBC/Code”) came into force on 28th May 2016, with the objective to “consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons.” The Code also provides for the establishment of the Insolvency and Bankruptcy Board of India (“IBBI”). The IBBI has been entrusted with the “power to promote the...
The Bias Of An Arbitrator: Is The Remedy Under Section 14 Foreclosed?
Independence and impartiality of the arbitrator are the most important requirement of arbitration proceedings.[1] Fairness in the adjudication and rule against bias form part of the basic notions of justice and morality. Natural justice demands the adjudication of a dispute in an impartial way and the same squarely applies to arbitration proceedings also. Therefore, the importance of an independent and impartial arbitral tribunal cannot be gainsaid. Section 12, 13 and 14 of the...
[Know The Law] Standards Applicable To News Media
Recently, Hon’ble Justice B.V. Nagarathna, speaking at an event on “A free and balanced press: sentinel of democracy”[1] stressed the importance of a free and balanced press. She discussed the growing menace of misinformation and yellow journalism as a threat to democracy. Further, she highlighted the need for “some regulation that binds new age journalism”. The contemporary relevance of these issues is such that they were also examined by the Parliament’s Standing Committee on Communications...
The Judgment Of Obergefell V. Hodges And The Philosophical Foundations Of Same-Sex Marriage
On 26th June, 2015 the American Supreme Court by a razor – thin majority of 5-4 decided the historic case of Obergefell Vs. Hodges, 576 US 644 (2015) and ruled that marriage is a Fundamental right of every individual and that this fundamental right to marry, in its comprehensive sense, is guaranteed to same-sex couples under both the ‘due process clause’ and the ‘equal protection clause’ of the Fourteenth Amendment of the American Constitution. Resultantly, in USA all fifty States, the...
Justice Akil Kureshi Writes : Recent Judgment Of Supreme Court In 'Vikram Bhatia' Sets A Deeply Disturbing Trend
Article 265 of the Constitution of India provides that no tax shall be levied or collected except by authority of law. This short Article in a most emphatic manner prevents the State from collecting tax arbitrarily. At the same time, the Courts recognize a great degree of latitude in the legislation in the field of taxation. In a landmark judgment in the case of R.K. Garg, it was observed that every legislation particularly in economic matters is essentially empiric and it is based on...
Reclaiming The Freedom Of Speech And Expression In An Orwellian Dystopia
The median age of this graduating class, I'm guessing, is 23. That would make "The Emergency" little more than a historical concept, a period heard or read about, but of no greater immediacy than the British Raj, the freedom struggle, Independence, or Partition. Born a quarter century after what was seen as the great aberration of 1975-1977, and coming of age in an era of boisterously noisy journalism, you'll be hard put to understand what it meant for a free nation to be plunged into...
Recent Acquittals From Supreme Court Reflect Deep Malaise In Our Criminal Trial System
"Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference, that an innocent person was wrongfully prosecuted" - Supreme Court in State of Gujarat vs Kishanbhai (2014)A series of orders passed by the higher courts recently, acquitting convicts in murder cases after finding serious deficiencies in the judgments of the trial courts, call for a serious introspection about our...
Whether Law Of Limitation Applies To The DV Act?
The Protection of Women from Domestic Violence Act, 2002 (for brevity “the Act”) was enacted in 2002 for the serpentine issue of domestic violence against women at large in almost all spheres of society in different manners. The Act has indeed become a water-shed moment for the rights of the aggrieved women, and has provided almost all the practical reliefs that an aggrieved woman may require in the cases of domestic violence. The Act provides right to shelter, residence, protection, monetary...
A Relationship Still Undefined : Remembering Justice Thottathil B Radhakrishnan
“You don’t know how deeply you are intertwined with someone until they leave you” Writing an obituary about someone who was closely associated with your life is painful, especially when you are struggling to come to terms with their untimely passing. Therefore, it is difficult for me to put to words my thoughts about my beloved senior Shri. Thottathil B Radhakrishnan who was my pillar of strength and guiding spirit for nearly 24 years. Though life is full of uncertainties, the loss of...
Assent To Bills: Problems And Justiciability
The problem of delay in according assent to Bills passed by the legislature is a burning issue that confronts our polity and quite often is an affront to our democracy and its fundamentals. Just a couple of days ago, the Supreme Court had to deal with a writ petition challenging the delay in assenting to a Bill by the Governor of Telangana- W.P. (C) No.333 of 2023. The Court disposed of the petition on 24th April, 2023 stating that the Governors must assent or return the Bills as soon as...