Articles

Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights...

In the recent ruling in M/s Arif Azim Co. Ltd. Vs. M/s Aptech Ltd., Arbitration Petition No. 29 of 2023, the Hon’ble Supreme Court undertook an exhaustive exercise of tracing the law and identifying the existing legislative vacuum regarding the limitation for both the initiation of arbitration proceedings and the filing of an application...

The renewal of a passport when a criminal case is pending against an individual in India poses a complex and intriguing legal dilemma. The question before the constitutional courts is whether an accused can renew their passport like any other citizen without prior permission or a No Objection Certificate (NOC) from the trial court...

The 2015 amendments to the Arbitration and Conciliation Act aimed to revolutionize the arbitration process in India, focusing on enhancing time and cost efficiency, and ensuring flexibility of procedures with minimal judicial intervention. Despite these progressive intentions, the imposition of 100% security deposits for the...

The Hon’ble Supreme Court in Ajay Protech extended time allowing the Arbitral Tribunal to pass an Award, even after expiry of the statutory period stipulated U/S. 29A(1) of the Act and held that ‘Sufficient Cause’ U/S. 29A(5) should be interpreted to “facilitate effective dispute resolution.” The dispute arose after the tribunal’s mandate...

The inclusion of non-signatories in arbitration proceedings presents a significant challenge to both courts and arbitral tribunals alike, as it challenges the foundational principles of consent and party autonomy in arbitration. In corporate transactions involving interconnected entities, determining who can be compelled...

Arbitration has become a well-sought-after dispute resolution mechanism due to its expedience, and finality. However, arbitration has not always been synonymous with speedy resolution. Strict timelines for concluding arbitral proceedings were introduced through the Arbitration and Conciliation (Amendment) Act, 2015...

Jurisdiction in tax assessment matters often appears to be a rigid framework governed by territorial boundaries. However, Section 127 of the Income Tax Act, 1961, introduces a dynamic mechanism that allows for the transfer of cases between assessing authorities to facilitate better administration. This article delves into...

In an era where personal data has become the lifeblood of the digital economy, protection of individual privacy has never been more critical. Increasing reliance on technology has amplified concerns over data misuse, highlighted by the recent breach of user privacy by Apple2, where private conversations were reportedly...

The Hon’ble Supreme Court of India, in its recent judgment in The Central Bank of India & Ors. v. M/s AD Bureau Advertising Pvt. Ltd. & Anr, has categorically held that borrowers who avail loans for commercial or profit-generating purposes do not fall within the definition of ‘consumer’ under Section 2(1)(d)(ii) of the Consumer Protection Act, 1986...

Judicial precedents play a crucial role in shaping legal principles and ensuring consistency in the application of the law. However, there are instances where two Supreme Court judgments appear to contradict each other, creating a complex situation for High Courts. How should High Courts proceed in such cases? Can they selectively follow...

Opposition in a democratic House is a great necessity. It is an indispensable condition of all democratic institutions. We propose to all ourselves, and we propose to make our country, a ‘democratic, sovereign republic’. If we cannot ensure any opposition, we should rather call the constitution that of an ‘undemocratic, sovereign republic’...

He who signs a dishonored cheque bears the consequences— a principle well-established by law and affirmed across several precedents. Determining the liability of a signatory is straightforward when the drawer is an individual. But what happens when a cheque is issued on behalf of a juristic person, such as a company? Who is held...

An arbitration agreement is the lifeblood of arbitration. Whether it takes the form of a standalone document or a clause embedded within a contract, the existence of an arbitration agreement is a fundamental prerequisite for initiating arbitration. But what happens when the contract containing the arbitral clause/agreement is terminated...

The Hon’ble Supreme Court in Ajay Madhusudan Patel while appointing a sole arbitrator, reiterated factors that signify the intention of a non-signatory to be bound by the Arbitration Agreement. The factors as laid down in Cox and Kings being – mutual intent of parties, relationship of a non-signatory with a signatory...

The Arbitration landscape in India is on the brink of transformation with the new draft bill of the Arbitration Act proposing to introduce significant amendments. By introducing strict timelines, establishing a robust framework for institutional arbitration and limiting judicial intervention through the Appellate Arbitral Tribunal alongside...

Noting persistent delays in execution proceedings, the Hon’ble Supreme Court in Periyammal (Dead) Though LRs & Ors. v. V. Rajamani & Anr. Etc. reaffirmed mandatory guidelines established in Rahul S. Shah v. Jinendra Kumar Gandhi for conducting executing proceedings. Citing Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors...

Mere existence of a question of fact has long been considered an obstacle to Court’s jurisdiction under Article 226 of the Constitution—a stance reinforced through numerous precedents pronounced by the Apex Court and consistently upheld by the High Courts. This reflects a deep-rooted judicial hesitancy to delve into factual questions...