Section 27(5) of The Arbitration Act

Section 27 – Court assistance in taking evidence (5) Persons failing to attend in accordance with such process, or making any other fault, or refusing to give their evidence, or guilty of any contempt to the Arbitral Tribunal during the conduct of Arbitral Proceedings, shall be subject to the like disadvantages, penalties and punishments by […]

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Scandalisation of Court

‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]

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The Baazigar Suicide Letter

Criminal cases based on circumstantial evidence can be resolved in several ways in a work of fiction. Judges do not have that liberty. It would be in the fitness of things to assume, there is only one right way for them to interpret the ‘circumstances’. Two lovers, in love forever, alone in a stranger’s house, […]

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My Name is Abu Salem

As 1992 drew to a close, the simmering communal fervor in the country came to the boil as a BJP-led mob demolished the 465-year-old Babri Masjid in Ayodhya, Uttar Pradesh. Mumbai witnessed some of the bloodiest riots in the country. Sunil Dutt organized help and medical aid for all those injured, regardless of their religion, […]

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Substantive Due Process

The crucial question ‘can citizens claim an absolute right over their body parts and refuse to give digital samples of their fingerprints and iris for Aadhar enrollment?’ will only be answered when the Unicorn Constitution Bench decides the Aadhar-Privacy issue. The Aadhar-PAN Judgment, Binoy Viswam v. Union of India [Writ Petition (Civil) 247 of 2017], […]

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