Articles
Successive References Under One Arbitration Agreement: Possible Or Not?
While the answer to the topic lies in the intricate details of individual contracts and/or arbitration agreements entered into between parties, the Arbitration and Conciliation Act, 1996 (“the Act”) permits successive references under one arbitration agreement. Sections 7 (1), 8 (3) and 21 of the Act read in consonance clearly portray that the legislative intention has always...
Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR
In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156(3) Cr.P.C. To delve into this issue, it is pertinent to examine the following...
Diplomacy And Conflict Management
Diplomacy is the art, the science, and how nations, groups, or individuals conduct their affairs to safeguard their interests and promote their political, economic, cultural or scientific relations while maintaining peaceful relationships with each other. If used tactfully, diplomacy can be best used in the workplace or even for building international relationships. History reveals...
Are UGC Regulations Mandatory Or Recommendatory On Statutory Universities? An Analysis With Judicial Developments
University Grant Commission (UGC) regulations are typically obligatory for statutory universities in India. Statutory universities are established by an act of parliament or state legislature, and they operate under the purview of the University Grants Commission (UGC). The UGC Act of 1956 empowers the UGC to coordinate, determine, and maintain standards of higher education....
Parliamentary Privileges Of Parliament & State Legislatures Vis-À-Vis Fundamental Rights Of Citizens
The Parliament and State Legislatures don their privileges from the Constitution as provided under Article 105 and 194, respectively. Although, few privileges such as a member's freedom of speech within the Parliament/ State Legislature have been expressly mentioned in Articles 105 & 194, a vast majority of parliamentary privileges have not been enumerated or codified under...
How The Supreme Court Of Pakistan Has Legitimized Every Military Coup Under The Doctrine Of Necessity
Pakistan is known to be a country where the military prevails in influence and power over its civilian government since its very inception in 1947. The country has faced military coups which have sprung up military dictators such Ayub Khan, Zia Ul Haq and Pervez Musharraf. The irony of these coups is in its legitimacy as provided by the Courts especially the Supreme Court of Pakistan...
Construction Contracts: Rising Importance Of Enforceable Arbitration Agreement
In the past two decades, India has witnessed large scale infrastructure developments across the country. High stake construction contracts are awarded by the government agencies to Indian and/or foreign contractors by executing construction contracts. The Parties to construction contracts usually adopt arbitration as a mechanism to resolve their disputes expeditiously as against the...
Liquidated Damages: Settled Law Yet An Unsettling Dispute
One of the most usual term in any standard form contract requiring delivery or performance within a stipulated time period, is a clause providing for application of an agreed pre-estimated compensation amount termed as “Liquidated Damages” against delay in such delivery or performance of the contract. It is generally provided that consequent upon delay in performing the contract by...
Revisiting The Arrest And Bail Process Under PMLA: A Call For Review Of Vijay Madanlal Choudhary's Verdict
In the realm of legal discourse, few judgments have sparked as much debate as the Supreme Court's ruling in the case of Vijay Madanlal Choudhary v. Union of India[1]. Delivered on 27th July 2022, the judgment upheld the validity of certain challenged provisions relating to the power of arrest, attachment, search and seizure conferred on the Directorate of Enforcement [“ED”] under...
Stay Or Not To Stay - An Enigma Of An Arbitral Award
The dichotomy between an arbitral award and its enforcement is intricate in its sweep. The courts reel under immense docket explosion and more specifically with regard to the challenge to arbitral awards, which gulp down much time of the courts. Many a time, an arbitral award is challenged by the award debtor, and at the same time an execution petition is filed by the award holder,...
A Gear In The Right Direction: How The Apex Court Came As A Rescue For Vulnerable Couples Seeking For Protection
A couple from Kerala had moved a Petition seeking a writ of habeas corpus on the ground that one of the partners were forcibly being kept by her parents in their custody. In this case, both the Petitioners were female and it was a lesbian couple which were in an intimate relationship. The Kerela High Court heard the Petition and ultimately interacted with the family of “X” (Name...
Anti- Discrimination In Labour Laws
Anti-discrimination laws in the realm of labour encompass legal provisions designed to prevent and proscribe discriminatory practises targeting employees or individuals specifically on the grounds of certain protected attributes. Main purpose of the anti-discrimination law is preventing discrimination related to matter of employer-employee transactions based on gender, sex, race,...