Arbitration Court Reckoner :August-October 2021 (Part 1)

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of August & October 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left...

Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers

In a recent judgment, the Kerala High Court has declined to allow the plea of an accused in a POCSO case where he voluntarily submitted to undergo a narco analysis test to prove his innocence in the matter. Observing that even if allowed, the statements obtained through the test are not admissible in law, Justice M.R. Anitha held:"The revelations brought out during Narco Analysis under...

Insolvency Law In Review – October 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

Explained : Does AFSPA Give Total Immunity To Armed Forces For Killing Civilians?

The death of at least 14 civilians in Nagaland on Saturday evening as a result of the action of the Armed Forces has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958. The Act which came into force in the context of insurgency in the Northeastern States decades ago provides "special power" to the Armed Forces applies to the Army, the Air Force and the...

On What Grounds Can Invocation Of A Bank Guarantee Be Restrained? Calcutta High Court Explains

The Calcutta High Court recently had the opportunity to expound on the issue as to on what grounds can the invocation of a bank guarantee be restrained. Justice Moushumi Bhattacharya was adjudicating upon an application moved under Section 9 of the Arbitration and Conciliation Act, 1996 (Act). In the instant case, vide an order dated May 10, 2021 a Single Judge had restrained the respondent...

How British India Acts Influenced Our Constitution

During the colonial era, multiple acts were introduced by the British to make the administration of such a large, diverse nation convenient for themselves and subsequently, a number of these legislations influenced several provisions formulated by the Drafting Committee, which became an integral part of not only the Constitution of India but the governance system in the country. The below cited examples of certain 'British Acts' have even caused some constitutional and political scholars...

Know The Constitution [Part I]: The Preamble

We Are Introducing A New Series In LiveLaw -'Know The Constitution' If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses. The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one...

Principles For Determining Claim Of Juvenility Under JJ Act : Supreme Court Explains

In a recently delivered judgment in the case Rishipal Singh Solanki versus State of Uttar Pradesh and others, the Supreme Court has summarized the principles relating to the determination of the claim of juvenility under the Juvenile Justice Act 2015.A bench comprising Justices DY Chandrachud and BV Nagarathna delivered the judgment while dismissing a challenging against the declaration of...

Distinction Between 'Acquiescence' And 'Delay and Laches': Supreme Court Explains

In a judgment delivered on Tuesday (16 November 2021), the Supreme Court explained the distinction between 'acquiescence' and 'delay and laches'.The court observed that the doctrine of delay and laches as well as acquiescence are applied to non-suit the litigants who approach the court/appellate authorities belatedly without any justifiable explanation for bringing action after...

Power To Transfer High Court Judges: Explained

The recent decision of the Supreme Court Collegium transferring the Chief Justice of Madras High Court Justice Sanjib Banerjee to the Meghalaya High Court has again ruffled feathers of the legal fraternity. The recommendation of the collegium has drawn sharp criticism from various quarters of the legal fraternity. With this backdrop, let us understand the procedure to be followed for...

Delhi's Air Quality Crisis : Important Supreme Court Orders On Firecrackers & Stubble Burning [2016-2021]

As the Air Quality Index (AQI) dipped to hazardous category in Delhi and other surrounding cities following the festival of Diwali, the discussion on Supreme Court orders on regulation of firecrackers and stubble burning have again come to the forefront. The Supreme Court over the last few years has passed a number of orders stipulating directions for regulating persistent issues such as the manufacture and sale of firecrackers, vehicular emissions, air pollution and other analogous concerns....

Insolvency Law in Review – September 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this gap by providing brief summaries of latest decisions from the various fora dealing with Insolvency Law. These...