Judicial Inroads Into Arbitration: Section 34 Saga

The theme of "Judicial Inroads into arbitration" is replete with conundrums; one can easily get bogged down in definitions and the limits, both conceptual as well as practical. The objective of this article is to focus on some test cases and, consequently, a somewhat narrower field dealing with the scope of judicial interference into domestic arbitration awards. The diversity of the topic is primarily because arbitration continues to evolve at a rapid pace in India. This is an area...

Law And Regulations On Issuance/Grant Of Degrees In India

The problem of timely issuance of degrees is a major cause of concern for various students across India. Many students are compelled to file cases against their own universities for timely issuance and grant of their own degrees. Many students have lost out on wonderful opportunities due to this non-issuance of degrees while applying abroad for further studies. It is noted that more...

Fatal Motor Accident Cases: Principles For Computing Compensation

With over 1.5 lakh deaths annually in motor accident cases in India (as per the latest official records), it is not unsurprising that claims on account of compensation for motor accident deaths is one of the most disputed arenas of litigation in the Supreme Court. Time and again the Apex court has attempted to lay down a rule of thumb to grant compensation to ensure that...

Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC [Read Judgment]

Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996, ("the Act"), the Single Judge of the Delhi High Court ("Court") in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO. INC, pronounced on 21 July 2020, has found that the amendments to Section 29A (1) in 2019, fixing the 12 month time frame from the completion...

[Criminal Trial] From "Taking Cognizance" To "Framing Of Charge"By Justice V Ramkumar [76 Questions And Answers][Video]

INTRODUCTION The curial act of "taking cognizance of an offence" has baffled the Bench and the Bar alike mainly due to the fact that the Code of Criminal Procedure, 1973 ("Cr.P.C." for short) has not chosen to define the said expression although we find the said expression used in various provisions in the Cr.P.C. such as Sections 169, 170, 173, 186, 190 to 193, 195 to 198, 198-A,...

The Bank Nationalization Ordinance : A Remembrance On Its 51st Anniversary

It was 51 years ago, on 19th July ,1969, that the nation heard the news of an unanticipated ordinance that nationalised the entire banking sector of India in a jiffy. India at that time was ruled by Indira Gandhi and she presented the Banking Companies ( Acquisition and Transfer of Undertaking ) Ordinance 1969 to the public through a radio broadcast.The ordinance ensured unmatched dominance...

Anti-Defection Law : What Amounts To Voluntary Giving Up Of Party Membership Under Tenth Schedule Of Constitution?

Anti-defection law under the Tenth Schedule of the Constitution has once again come to the fore with the political crisis that has rocked Rajasthan in the wake of the rebellion led by a camp of Congress MLAs led by Sachin Pilot.The issue has now reached the High Court of Rajasthan, after the Pilot camp approached it challenging the disqualification notices issued by the Speaker.The...

Arbitration: Court Reckoner [June 2020]

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of June 2020 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include...

How To Prepare For Cross Examination Of Witnesses: Tips From Senior Adv Rebecca John

Renowned criminal law practitioner, Senior Advocate Rebecca M John, talked about valuable strategies for cross examination and conduct of trial in criminal cases.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part of Law...

Powers Of A Hindu To Make A 'Will' Before And After Enactment Of Hindu Succession Act

The Supreme Court judgment in V. Kalyanaswamy(D) by LRS. vs. L. Bakthavatsalam(D) By LRS. has elaborately dealt with the legal principles regarding the execution of a Will. It held that, in a situation where both the attesting witnesses to a will are dead, it is sufficient to prove that the attestation of at least one attesting witness is in his handwriting. When both the attesting witnesses...

Defence Strategies During Bail, Remand & Investigation : From Senior Adv Rebecca M John

In a highly educative and enlightening session, Senior Advocate Rebecca M John discussed various important strategies, that could be employed by defence lawyers for an effective criminal trial.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part...

Privy Purse Abolition And Padmanabha Swamy Temple Judgment

The Supreme Court, in Sree Padmanabhaswamy Temple case, has dealt with the effect of the Constitution (Twenty Sixth Amendment) Act, 1971 - which abolished privy purses- on the term 'Ruler of Travancore' in proviso to Section 18(2) of TCHRI Act. The court held that the constitutional abolition, did not in any way impact or affect the administration of the Temple, Sri Pandaravaga properties...