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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A Legally Enforceable Debt III

An Advocate represented its Client before a Motor Accident Claims Tribunal and charged a fee of Rs. 10,00,000 (Rupees Ten Lakhs). The Tribunal awarded compensation. The Client was compelled to sign a further cheque, in favour of the Advocate, towards payment of a certain percentage of the decretal amount. That cheque stood dishonoured and the […]

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