Arbitration Clause In An Unstamped Contract : Issue Of Enforceability

Let me start with the statutory regime pertaining to an arbitration clause in an unstamped contract (contract on which no stamp duty or insufficient stamp duty is paid). Section 2 (14) and Section 3 of Indian Stamp Act, 1899 are reproduced hereinbelow:- "Section 2 . Definitions. – In this Act, unless there is something repugnant in the subject or context, - (1)-(13) ...

Electronic Signatures : Position Under Indian Law

Overview: Electronic means of document execution have been gaining popularity since the past decade owing to the convenience they bring, and their undeniable potential in environmental conservation. However, in today's pandemic-stricken times where conventional forms of execution of documents are crippled, electronic execution of documents is no longer considered merely an...

Impleadment Of Parties In Civil Proceedings - Principles [Know The Law]

There is many a time a casual approach to the matter of applications seeking impleadment of third parties in civil proceedings. Such impleadment applications tend to be dealt with frequently without checking the law on the subject and without determining whether the third party can be impleaded or not. The common refrain is, "It is only a joinder application." Impleadment of third...

21 Notable Judgments/Orders Delivered By Courts During COVID-19 Lockdown

The outbreak of Covid-19 pandemic has resulted in lockdown across the country in all spheres of activities. However, even during such challenging times, the judiciary has continued its function by evolving to a virtual system of adjudication. The present articles summarises some of the orders passed by the Supreme Court and various High Courts during the first phase of the lockdown....

Res Judicata

The doctrine of res judicata is understood as "a matter adjudged". Founded on the principle that a litigation between parties must attain finality[1], and on the principles of justice, equity and good conscience[2], res judicata dictates that a right or fact established by a competent court in an earlier proceeding ought to be conclusive and binding upon the parties and those in privity with law or in estate[3]. The earlier proceeding need not be a suit even though the later could be a ...

Adverse Possession- Sword cum Shield

Ingredients to qualify adverse possession Theory of adverse possession is inherited from the common law concepts which is approximately about 2000 years old. This has been considered as one of the harsh facets of law but has been in vogue since time immemorial. The concept of adverse possession is based on the principle that the possessor who maintains and improves the land has...

Beware! Even Private Obscene Messages Online Could Land One In Jail : Know About IT Act Offences

A recently exposed Instagram group by the name of 'Bois Locker Room' has taken social media by storm. The private group on Instagram reportedly consisted of several teenage boys from schools in Delhi-NCR region. It is stated that the group was being used to share photos of minor girls and young women, after which group member(s) would engage in making lewd & derogatory...

Legal And Regulatory Framework Of Drones

"Drones overall will be more impactful than I think people recognize, in positive ways to help society" - Bill GatesIntroduction Aircraft technology and aerodynamics have always captured the imagination of people. This is primarily due to urge of the humans to be air-borne and fly like birds. This fascination for flying is not new and goes back generations and specific...

Vizag Gas Leak: 'Strict Liability' Or 'Absolute Liability'?

On Friday, the National Green Tribunal ordered LG Polymers to deposit Rs. 50 Crores with the District Magistrate, Vishakhapatnam, in connection to a major leak of Styrene gas from its polymer plant situated in RR Venkatapuram village.However, the NGT observed in the order that the situation attracted the principle of "strict liability"."Leakage of hazardous gas at such a scale...

The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"

INTRODUCTION I retired from the High Court of Kerala in the year 2012. During my tenure as a Judge in the High Court all the Chief Justices while fixing the roster, were giving me mostly criminal jurisdictions and I metamorphosed into a confirmed criminal judge, although as a lawyer, I was practicing exclusively on the civil side. While I was convalescing after an influenza during the COVID-19 lockdown period, Advocate Mr. Shyam Padman from Calicut sent me a message inviting ...

Art Of Cross-examination : Basic Canons

Introduction: The law of evidence is a system of rules for ascertaining controverted questions of fact in a judicial investigation of the dispute before the Court. In India, the Indian Evidence Act, 1872 ("Indian Evidence Act") is the principal legislation indicating, what is evidence, what are the types of evidence, what are the facts on which evidence are to be led and what are...

[Contract Act] Sec 32 Instead Of Sec 56 Applies When Parties Agree In Advance On Contingency Which Makes Performance Impossible : SC

In a recent decision in the case NAFED vs Alimenta S A, the Supreme Court had the occasion to discuss the circumstances under which the provisions of Sections 32 and 56 of the Indian Contract Act 1872 apply when the performance of a contract has become impossible.The main point in this case was whether a foreign award was opposed to public policy of India and was therefore...