Articles
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,...
Under A Market Logic, Even Pathogens Have Proud Owners
Exactly after four years of the Covid-19 hit the globe, WHO is ready with a draft negotiating text of the Pandemic Agreement with 'prevention, preparedness and response' as its purpose. An international law student would be surprised at how negotiators are able to produce a ready-made treaty text in such a short period, as it is expected to get finality or perish within months. More...
A Christian And A Hindu Walk Into A Gurudwara: A Legal Catch-22 In Marriage Laws
A petition under Section 27 of the Special Marriage Act, 1954 (SMA) before the Family Court, Patiala House, New Delhi for the grant of the 'first motion' for divorce recently brought to light an anomaly that has been created by judicial interpretation in the validity of a marriage celebrated in any other form and subsequently registered under Section 15 of the SMA. In a situation...
Politics On Katchatheevu Island Is Unjustified
Even though the International Maritime Boundary Line (IMBL) was demarcated and settled finally by a bilateral agreement between India and Sri Lanka on 26th and 28th June 1974, the continuous high-handed acts against Indian fishermen by Sri Lankan authorities forced the Chief Secretary of Tamil Nadu in 2006 and followed by the Chief Minister K Karunanidhi in 2008 to plead Indian Ministry...
Default Bail In Indian Criminal Law
Bail laws play a decisive role in the history of Criminal jurisprudence. It acts as a serving mechanism to uphold individual rights, considering the manifest of legislative mandate, which significantly impresses upon the need for expeditious completion of the investigation in order to prevent laxity on that behalf and forthwith embodied the necessity and scope of such ...
Confinement To A Cage: The Bridled Under Trial Prisoners In India
The Manu's legal system in this terra firma is chicanery from the nutshell inside, the criminal justice delivery mechanism is grappling with a persistent problem of overcrowding in prisons, targeted towards the case of under-trial prisoners, Indian Constitution guaranteeing basic human rights to every individual, the condition of under-trial prisoners goes beyond the just principles...
Emergency Arbitration In India And Contentious Issues
Ever since its inception in the year 2006 the concept of emergency arbitration has gained ground among parties resorting to arbitration. The concept first saw the light of day in the rules of the International Centre for Dispute Resolution (“ICDR”) in 2006, whereafter, the International Chamber of Commerce (“ICC”) has also included a similar provision in its rules in 2012....
The Deep Struggle For Equality In Tribal Succession Practices Of North East India
In a world where women and girls constitute a significant 49.7% of the global population, their presence is paradoxically overshadowed in discussions on demographics, often leading to the violation of their rights within population policies. While strides have been made in recognizing and safeguarding the autonomy of tribal communities, debates arise, raising questions...