While the Arbitration and Conciliation Act, 1996 ('1996 Act') as originally enacted did not include the ground of 'patent illegality' for setting aside domestic arbitral awards under section 34 of...
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Should Judges Go By Rule Of Law Or Rulers' Law?12 Sep 2019 12:22 PM GMT'The power of transfer is a highly dangerous power involving great hardship and, injury to the judge transferred including a stigma on his reputation in cases where the transfer is not effected...
Violence Against Doctors- A Zero Tolerance Approach10 Sep 2019 7:35 AM GMT
WHY A CENTRAL LAW? The Indian Medical Association ( IMA) has repeatedly appealed to the central government to draft a comprehensive Central law for the protection of doctors against assault ...
Ram Jethmalani And The Emergency9 Sep 2019 4:09 PM GMT
Mr. Ram Jethmalani was the Chairman of the Bar Council of India during the most tumultuous period (1970-1976) for judiciary and democracy in contemporary Indian history. Under his stewardship,...
Chidambaram And The Law9 Sep 2019 3:16 PM GMT
It was on 21 August that P. Chidambaram was arrested in the INX Media case. He was sent to judicial custody later, after prolonged custodial interrogation. The allegations relate to anomalies in...
Uttar Pradesh Mid-Day Meal Row: FIR Against Journalist Is A Direct Attack On Transparency And Democratic Accountability9 Sep 2019 12:00 PM GMT
Last week, Uttar Pradesh government booked a Hindi newspaper journalist, Pawan Jaiswal, on the charges of 'conspiracy' to defame the state government. The journalist had reported few days ago,...
Jethmalani:The Beacon of Criminal Law8 Sep 2019 3:33 PM GMT
On 21.9.1994, my first day in the Supreme Court, I had an opportunity to meet Mr. Ram Jethmalani. As a wide-eyed young lawyer from a small town, it was a dream come true to have the Doyen of Criminal...
Degree Of Dignity And Accountability Of Ministers8 Sep 2019 1:36 AM GMT
If an unrecognized foreign private university confers honorary doctorate D.Litt or D.Sc., on a politician in power, can he become 'Doctor' so and so?Can he take oath of office as a Minister in...
Transfer of Judges : A Study In Arbitrariness7 Sep 2019 9:21 AM GMT
The arbitrary nature of functioning of the Supreme Court collegium has yet again come under public scanner, with reports about the decision of Madras High Court Chief Justice V K Tahilramani to...
The Supreme Court Order In P. Chidambaram v. ED: Some Thoughts6 Sep 2019 12:13 PM GMT
A Two Justices' Bench of the Supreme Court has decided the appeal filed by P. Chidambaram against an order of the Delhi High Court dismissing his plea for Anticipatory Bail in an ongoing...
Section 304A IPC: Can The HC Quash Proceedings If A Settlement Is Reached Between The Accused And The Victim's Family?4 Sep 2019 8:57 AM GMT
The application of section 304A of the IPC, which lays down the offence of causing death by negligence, has been marked with several debates. The most resounding, and the most sensitive of these...
Habeas Corpus Hearings : Then & Now4 Sep 2019 8:09 AM GMT
The great constitutional theorist A.V. Dicey said about the Habeas corpus writs that while they 'declare no principle and define no rights, but they are for practical purposes worth a hundred...
Assam NRC : The Danger In Leaving The Issue Of Citizenship To Foreigners Tribunals2 Sep 2019 4:48 AM GMT
Defining Indian citizenship in Assam has always been problematic. The Assam province of 1947 had diversity, hardly matched by any other geo-political entity of a similar size. Migration within...
Making Judicial Infrastructure In India Sustainable30 Aug 2019 5:33 PM GMT
Access to justice is often centred on legal issues of accessibility for litigants rather than a discussion on the court's physical infrastructure itself. Easy access to courts is very integral to...
Arbitration And Conciliation (Amendment) Act 2019 - A Primer30 Aug 2019 5:48 AM GMT
It was once famously said by Benjamin Franklin, one of the founding fathers of the United States and an outstanding polymath that, 'When will mankind be convinced and agree to settle their...
Not Judge, But A Journalist Should Lead Press Council29 Aug 2019 9:36 AM GMT
When the Medical Council is headed by a Doctor and Bar Council of India is chaired by a professional advocate, why a Journalist is not chosen to guide the Press Council? Law and logic totally fail to...
Judicial Abdication In Kashmir Habeas Petitions29 Aug 2019 2:25 AM GMT
The habeas corpus writ is known as the 'great writ of liberty', as it seeks the immediate protection of personal liberty from the excesses of State power.But the orders passed by the Supreme Court on...
