Arbitrability Of Fraud: A Critique Of India's Problematic Jurisprudence

The issue relating to arbitrability of fraud has a chequered judicial past in Indian courts and the judicial pronouncements have not settled the controversy at rest. The decisions on this subject matter that are germane for a clear understanding are N. Radhakrishnan v. Maestro Engineers & Ors,[1] Swiss Timing Limited v. Commonwealth Games 2010 Org Committee,[2] World Sport Group Limited v. MSM Satellite,[3] Booz Allen & Hamilton Inc v. SBI Home Finance Limited & Ors,[4] ...

Union Cabinet Clears Proposal To Prohibit E-Cigarettes

The Union Finance Minister, Nirmala Sitharaman, announced the prohibition of E-Cigarettes today. The ban will come into force with immediate effect as the Cabinet has given its approval for an Ordinance to that effect. "The Cabinet has given its approval for a decision to ban E-Cigarettes...It means that production, manufacturing, import, export, transport, or sale, or even...

Online Sale Of Liquor Cannot Be Allowed In The Absence Of Enabling Provision In The Excise Act: Karnataka HC [Read Judgment]

Karnataka High Court has held that online sale of liqour cannot be allowed in the absence of enabling provisions under the Karnataka Excise Act to grant such licenses or permissions. Justice S Sujatha, while dismissing the petition filed by HIP Bar private limited, a company offering a digital mobile wallet, said: "Indisputably, liquor is deleterious to the health of mankind. The...

Sexual Harassment : Bombay HC Quashes Criminal Case Against Investor Mahesh Murthy As Time Barred [Read Judgment]

The FIR was filed 14 years after the alleged incident.

The Effect Of Motor Vehicles (Amendment) Act, 2019 On Ola And Uber

With the progress in technology and the advent of cab-aggregator platforms such as Ola and Uber in India, an amendment to the Motor Vehicles Act was long due. The Motor Vehicles (Amendment) Bill, 2019 ("2019 Amendment") has amended Section 93 of the Motor Vehicles Act, 1988 ("Principal Act") by adding the term "aggregator" to the existent terms "agent" and "canvasser" to the section. The term "aggregator" has been defined as "a digital intermediary or marketplace for a passenger to connect...

Maradu Flats Demolition: Man Residing Near Flats Moves SC Apprehending 'Collateral Damage' To Neighborhood

"The demolition is likely to cause havoc in the vicinity."

Jammu & Kashmir : As Uncertainty And Fear Looms Large, The Idea Of Justice Remains Elusive

According to Article 144 of the Indian Constitution, "All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court." Despite the constitutional imperative being so, a person who has been observing the Supreme Court proceedings on the challenges mounted against the clampdown after 5th of August in Kashmir, might comprehend Article 144 conversely - Does the Supreme Court act in aid of executive authorities ? On 16thSeptember, 43 days after the ...

What Is Jammu & Kashmir Public Safety Act?

It is reported that National Conference leader and former Jammu and Kashmir Chief Minister Farooq Abdullah has been detained under the Jammu and Kashmir Public Safety Act.This move happened shortly before the Supreme Court was slated to hear the habeas corpus petition filed by MDMK leader Vaiko seeking release of Abdullah. Abdullah was served the notice under the PSA at 1 AM on Monday and...

Proper Conduct of AIBE - A Lawyer's "Wishful Dream"

On 26.08.2019, a notification was issued by the Bar Council of Delhi with regard to the non-passing of the All India Bar Examination (AIBE). As per the notification, since 2010, a total number of 4,778 advocates had failed to qualify the exam and thus, were "not entitled to practice or enjoy any benefits, including voting right in the Bar elections". A candidate is allowed to practice with their State Bar Council enrolment for a period of two years and within this period, they are supposed to...

Calcutta HC Judge Recuses From Case In Which His Facebook Friend Lawyer Appeared

Justice Protik Prakash Banerjee recently recused from a case after a party in person urged that if a Judge has a friend on Facebook who is a member of the Bar that is a reason for him to rescue from the case.If that is the view of the petitioner it will not be proper for me to take up this matter, said Justice Banerjee after releasing the case on personal grounds.. The judge was hearing a...

Aadhaar Is A National Asset; Sharing Information May Affect Security Interests: CIC [Read Order]

The Central Information Commission has held that Aadhaar is a national asset and sharing information pertaining to it can affect the security interest of Unique Identification Authority of India (UIDAI) and may lead to incitement of an offence. The Complainant, one Anupam Saraph, had sought the following information from the Central Public Information Officer (CPIO) of the UIDAI by filing an...

HC Cannot Scuttle Investigation At The Stage Of Sec.156(3) CrPC When FIR Is Yet To Be Registered : Patna HC [Read Judgment]

In an unique order passed by the Patna High Court on Wednesday, the Division bench of Chief Justice Amreshwar Pratap Sahi and Justice Rajeev Ranjan Prasad recalled an earlier order passed by a division of the high court on July 23, 2018. The Petitioner, Rahul Kumar Pandey through Advocate, Prashant Kumar had sought the review and recall of the said order whereby the division bench lead...