3 Judges in Balwant Rai Saluja implicitly questioned the grounds on which the SC had previously lifted the corporate veil and correctly held that the law on the point has in recent times crystallized around the six requirements set out by Munby J. in Ben Hashem (approved by Lord Sumption in Prest v. Petrodel Resources). 2 Judges in […]Read more "Piercing the Corporate Veil II"
Vakasha Sachdev (@VakashaS) recently commented on ‘Live Tweeting Court Proceedings’: “A stream of live tweets, posted over the course of six days, recently went viral in the Indian Twitterverse. Surprisingly, these tweets had nothing to do with Shah Rukh Khan or Baahubali or the IPL or some ridiculous reality TV star or farragoes or any of […]Read more "Rudespotted: Vakasha Sachdev"
Lon Luvois Fuller defined the classic legal fiction as “either (1) a statement propounded with a complete or partial consciousness of its falsity, or (2) a false statement recognized as having utility.” The common law was rife with fictions: a plaintiff who had bailed his chattel under a bailment terminable at his will was deemed to […]Read more "Legal Fiction"
“DNA is the abbreviation of Deoxyribo Nucleic Acid. It is the basic genetic material in all human body cells. It is not contained in red blood corpuscles. It is, however, present in white corpuscles. It carries the genetic code. DNA structure determines human character, behaviour and body characteristics. DNA profiles are encrypted sets of numbers […]Read more "Science For Everyone: DNA Again"
Can citizens claim an absolute right over their body parts and refuse to give digital samples of their fingerprints and iris for Aadhar enrollment? Mr Shyam Divan, Senior Advocate, argued recently, before the Supreme Court, that in the digital age, the right to informational self-determination had become a crucial facet of the right to personal […]Read more "Adverse Inference v. Civil Death"
The SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined the law laid down in Mohapatra to the facts of that case only. It was held that the views expressed […]Read more "Primacy of Views III: The Lokpal and Lokayuktas Act, 2013"
In Domestic Arbitrations, if an order is not appealable under Section 37(1) of The Arbitration Act, it would not be subject to appeal under The Letters Patent of a High Court. My Lord, Is an order of a Single Judge, on an application under Section 34(3) of The Arbitration Act, appealable to a Division Bench? […]Read more "Section 37 of The Arbitration Act I"