Section 50 of The Arbitration Act II

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 […]

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The Last Word on Padmavaat

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 […]

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Section 7(5) of The Arbitration Act II

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, […]

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Section 499 of the IPC IV

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 […]

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