“The enforcement of Award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the Arbitral Proceedings. In Kotak Mahindra Bank Ltd., (2011) 4 LW 745 (Mad HC) it […]Read more "Execution of Final Arbitral Award / Deemed Decree"
My Lord, Is an appeal, not maintainable under Section 50 of The Arbitration and Conciliation Act, 1996, nonetheless maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought […]Read more "Section 50 of The Arbitration Act II"
There is a certain degree of lasciviousness that’s attached to crime or investigative reporting. Because the police force is predominantly male and while there are women crime reporters, men outnumber them easily; stories that emerge from the CBI or from the police have an undeniable male gaze. And so the first reports of Anca Neacsu […]Read more "Jailed Abroad: Platinum Blonde, Anca Neacsu"
Witnessing Padmavaat unfold on screen, on its first day of release, was unique, especially since your smart phone kept reminding you of persistent violence against the movie. The casual viewer may have even ignored a woman threatening to immolate herself outside the theatre or even the policemen who stood guard, but the skeptic whispered if […]Read more "The Last Word on Padmavaat"
Two months ago, Judges 2-3-4-5 of the Indian Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], The Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [The Chief Justice of India], to hear […]Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"
The Supreme Court considered the ‘incorporation by reference’ issue in a well-reasoned and comprehensive judgment in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction that the Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, […]Read more "Section 7(5) of The Arbitration Act II"
The Fourth Chapter is intriguingly titled ‘Bloodless Murder: Defamation‘. Senior Advocate Pinky Anand and her daughter Gauri Goburdhun have stood by Sections 499 & 500, IPC in Trials of Truth: India’s Landmark Criminal Cases, (Shobhaa Dé Books, Penguin, 2017). Here is brief excerpt from pages, 61 to 79: “The origin of defamation can be traced to […]Read more "Section 499 of the IPC IV"