Seat of Arbitration & Territorial Jurisdiction of Courts

Domestic arbitration is regulated by Part I of the Arbitration and Conciliation Act, 1996 ["Act of 1996"] and Section 2(2) thereof states that Part I applies where the 'place' of arbitration is in India. Therefore, arbitration proceedings which takes place in India and where disputes are decided in accordance with the substantive laws of India is referred to as 'domestic arbitration'....

[Order 8 Rule 1 CPC ] Time Limit To File Written Statement : Mandatory Or Directory

Does Desh Raj v. Balkishan clarify whether the time limit to file Written Statement is Mandatory or Directory?

Law On Damages For Breach Of Contract

In the times of COVID-19, as the world has come to a standstill, innumerable contracts would be in a state of stasis, having remained unexecuted or only partially executed, performance not having taken place or having become impossible, payments not made or not entirely made, many contractual promises unfulfilled. We do not know the future post COVID-19 but experts have warned of...

Proof Of Will & Presumption Under Sec 90 Of Evidence Act : Some Conflicting Decisions

Is Bharpur Singh v. Shamsher Singh (2009) 3 SCC 687 followed in M.B.Ramesh v. K.M.Veeraje Urs (2013) 7 SCC 490 per incuriam ?Thanks to Corona lock down, the legal profession has seriously turned to academics. Bar Associations and law offices are hosting webinars on a daily basis. This is a wholesome trend. Prof.Upendra Baxi while commenting on the Kesavanda Bharati judgment wrote...

Can An Accused Be Discharged In 138 NI Act Case ?

Recently the Delhi High Court in the case titled, "Court on its own Motion vs. State"[1], was referred with the reference petition qua the following questions among others under section 395 of the Code of Criminal Procedure, 1973 (the 'Code'). Q.1 Does the Court of a Magistrate have the power to discharge the accused upon his appearance in Court in a summons triable case based upon...

Understanding The Concept Of A Charge On Immovable Property

The concept of a "charge" emanates from Section 100 of the Transfer of Property Act, 1882 ("TPA") which defines it thus – "Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property" Creation of a charge: A charge can therefore be created only over immovable property and can be...

Can Religious Symbols Be Registered As Trademarks?

Introduction India being a pluralistic country, has multiple religions and the Constitution of India secures freedom of faith, freedom of expression to all the citizens, irrespective of their religion. The State doesn't have a religion of its own and doesn't interfere with any religion. Article 25 of the Constitution secures to the citizens the right to freely profess, practice...

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

The Parliament has enacted The Specific Relief (Amendment) Act, 2018 (hereinafter referred to as the 'Amendment Act'), thereby making substantive changes to the provisions of the Specific Relief Act, 1963. The Amendment Act was published in the Gazette of India, on 01.08.2018, for general information. As per Section 1(2) of the Amendment Act, it was to come into force on such date...

Territorial Jurisdiction Of High Court Under Article 226(2) Of Constitution [Explainer]

This piece intends to explore the law regarding the territorial jurisdiction of a High Court to issue writ under Article 226 of the Constitution.Article 226 Before Its Amendment Firstly, the legislative history of Article 226 has to be examined. It originally read thus:226. (1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation...

MPLADS : Why SC Upheld Constitutionality Of Scheme In 2010?

The Members of Parliament Local Area Development Scheme (MPLADS) came into news recently after the Central Government decided to suspend the allocation of funds for the scheme for 2 years in view of the economic impact of COVID-19. The opposition parties have criticized the decision saying that it will have a negative impact on development works at local levels. The Government is seeking...

30 Common Law Principles Ruling The Litigation Front In India

"The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope." Jennison V/s Baker, (1972) 1 All ER 997 Principle 1: "Where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute only must be availed of." In the matter of: Wolverhampton New Waterworks Co. V/s Hawkesford, (1859) 6 CB (NS) 336, Willes, J., observed that: "… There are three...

Rejection Of Plaint Under Order VII Rule 11 CPC [Explainer]

The filing of a plaint is a sine qua non for institution of a suit. It is basically a statement of claims, treated as a repository of facts by the court. Thus, every court is obligated to analyze the plaint, and decide whether it is fit to be admitted or not.Rule 11 under Order 7 of Code of Civil Procedure delineates certain grounds under which the court "shall" reject a plaint. These...