Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]

Introduction The Arbitration and Conciliation Act, 1996 ("Arbitration Act") has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. The legislative intent and essence of the Arbitration Act is to bring domestic as well as international commercial arbitration in consonance with the UNCITRAL Model Rules, the New York Convention...

Day Of Remand To Be Included While Computing Period Under Section 167(2)(a) CrPC: Bombay HC Grants Bail To DHFL Promoters Kapil & Dheeraj Wadhwan [Read Order]

The Bombay High Court on Thursday granted bail to DHFL promoters Kapil Wadhwan and Dheeraj Wadhwan in the Enforcement Directorate's case of money laundering registered against them as the agency failed to file a chargesheet within 60 days from the date of remand. However, the Wadhwan brothers will remain in jail as the CBI has another case registered against them. Justice Bharati...

'The Best Way To Remember Justice Protik Prakash Banerjee Is To Read His Judgements' : Here Is A Collection Of His Judgements

The best way to remember Hon'ble Justice Late Protik Prakash Banerjee of the Calcutta High Court who bade an untimely farewell to his family, friends and colleagues at the bar and the bench in the early hours of 3rd July 2020, is through his writings. Some columns on a few platforms have recently remembered him by revealing bits of his irrepressible personality. However, to do justice to...

NDPS Act - Application Seeking Time Extension For Investigation Not Maintainable If Progress Of Probe Not Disclosed: Bombay HC [Read Judgment]

The Bombay High Court has held that an application seeking extension of time for investigation under the Narcotic Drugs and Psychotropic Substances Act 1985 is not maintainable if it is is not in conformity with the requirements of proviso to sub section (4) of Section 36A of the NDPS Act.One of the requirements of the report for extension, under proviso to sub section (4) of Section 36A of...

'My Lord Or Your Honour?': How To Address Judges In India?

On 13th August 2020, an interesting exchange happened between the Chief Justice of India SA Bobde and a lawyer on how to address the Court. A lawyer addressed the bench presided by the CJI, which was hearing the cases through video conference, as 'Your Honour'. "Are you appearing before the US Supreme Court?", CJI Bobde asked the lawyer. According to CJI, the use of ' Your Honour' is not...

EIA Notification: Judiciary's Tryst With 'Ex Post Facto' Environmental Clearance

The phrase 'Ex Post Facto' is being widely used these days, thanks to Clause 22 of the Draft Environment Impact Assessment 2020. Ex Post Facto is a Latin phrase which means 'done, made, or formulated after the fact'.The controversial clause 22 of the Draft Environment Impact Assessment 2020 provides a route for those who run a project or an activity without obtaining...

Doctrine Of Proportionality - An Explainer

The idea of doctrine of proportionality appears first in Aristotle's Nicomachean Ethics, Book 8. Proportionately measures distributive justice in Aristotle's schema. Aristotle's concept, in short, can be said to be of 'recta ratio', that is, Right reason or the right relationship between the state and the citizen, adjudicated by the rule of law.Doctrine of proportionality finds its...

Injustice To Daughters In Hindu Shastric Law Done Away With: SC Explains The Impact Of Hindu Succession (Amendment) Act 2005 [Read Judgment]

In its landmark judgment recognizing the equal rights of daughters in coparcenary property, the Supreme Court has explained the law regarding devolution of coparcenary property and also the impact of 2005 amendment to Hindu Succession Act on daughters' right to it.The bench comprising Justices Arun Mishra, S. Abdul Nazeer and MR Shah, observed that the classic Shastric Hindu law excluded...

'Develop Childlike Curiosity To Become An Outstanding Lawyer': Justice Kureshi's Tips On Good Advocacy

In a recently organized webinar by Livelaw on How to extend classroom training into good advocacy, Justice Akil Kureshi, Chief Justice of the Tripura High Court imparted his valuable insights on a range of topics relevant to the profession. Starting from the role that a strong bar plays in the justice delivery system to discussing the adequacy of the current academic structure of...

Deciphering The Jammu & Kashmir Reorganisation Act, 2019

"The text should be construed as a whole. A legal instrument typically contains many interrelated parts, and thus the entirety of the document provides the context for each of its parts. This canon typically establishes that only one of the possible meanings that a word or phrase can bear is compatible with use of the same word or phrase elsewhere in the statute." – A Guide to...

Sec 57 Of Transfer Of Property Act Permits Court To Declare A Property Free Of Encumbrance Even Against Will Of Encumbrancer: Kerala HC [Read Judgment]

In a significant judgment, the Kerala High Court explained the procedural mechanism under Section 57 of the Transfer of Property Act, 1882, to lift encumbrance from an immovable property. The order, passed by Justice Devan Ramachandran, assumes relevance since there is no case law/ precedent on this subject. The verdict opens with emphasis on the "efficacious and...

An Introduction To FIR

If you've been brought up in India, you'd know one term which has been most loosely used is F.I.R. From the shopkeepers in your local market to the big media houses, from tenants to landlords or even brothers disputing a will, the easiest respite is to threaten the other person. Most common one being threat against lodging a F.I.R. So what is it exactly? Where, when and by whom can it...