Articles
Judicial Interference And Indian Arbitration And Conciliation Act, 1996
The judgment by the Supreme Court of India in the matter of Delhi Metro Rail Corporation Ltd. versus Delhi Airport Metro Express Pvt. Ltd[1] (Delhi Metro case) has got arbitration practitioners, lawyers and academics talking and introspecting alike, with almost everyone having an opinion on it. This has been criticised by some as the death knell for India's intention to become...
Examining Public Examinations (Prevention Of Unfair Means) Act: Does It Pass Critical Lens?
They say a single piece of paper cannot decide your future. In India, quite the opposite is true. The frequent rumours of paper leaks, malpractices at the examination center, discrimination with the candidates, etc., with regard to public examinations, have marred even the little faith in the testing agencies. With the recent rising controversies in the National Eligibility-cum-Entrance Test (NEET) UG-2024, the focus is steered towards public examinations in general. To what extent are the...
Judiciary During Coalition Government : Potential Changes In Power Dynamics
A coalition government is back in power in India after ten years. The Bharatiya Janata Party (BJP), having fallen short of the majority mark, is now dependent on its allies within the National Democratic Alliance (NDA) to form the government. Although the NDA government, with Narendra Modi as Prime Minister, is continuing with most of the Ministers from the previous administration, it is...
The Act Of Balancing Rehabilitation And Accountability: Analysing The Functioning Of JJB
The recent case in Pune, where a 17-year-old boy killed two innocent youngsters in a road accident through rash and drunk driving, has been making headlines. What has infuriated people even more is the punishment handed down by the Juvenile Justice Board (JJB), which is also thought to be influenced by the high profile that the father of the accused holds. The minor was assigned to write...
Does The Winner-Take-All In Arbitration? Understanding The Regime Of Costs Under Arbitration And Conciliation Act, 1996
In recent times, alternative dispute resolution (ADR) mechanisms have become far more popular than the traditional methods of litigation. ADR mechanisms include arbitration, mediation, conciliation, negotiation, etc. Parties prefer ADR mechanisms because of their flexibility of procedure yet time bound approach, and as they are less expensive, less cumbersome and more...
Extending The Mandate Of An Expired Arbitral Tribunal: Feasible Under The Law?
Section 29A of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the “A&C Act”) addresses the timeframe for issuing an arbitral award and when this deadline can be extended. However, there is an ongoing uncertainty and debate due to conflicting court rulings as to whether the arbitration tribunal's mandate can be extended before its expiration or only after it...
A Tribute To Justice UL Bhat
Mr. Ullal Lakshminarayana Bhat began his legal career practicing in the local courts of Kasaragod, Kerala. While practicing law, Bhat was connected with the unified communist party and held leadership positions in multiple trade unions. He also ran for local body elections under the party banner. When the political affiliations of judges have become a significant area of concern in...
Accessing Justice In India: Needs Of Marginalised Communities
In a country with approximately 80,344 pending cases across the nation, access to justice remains a great challenge for vulnerable sections of society. A stark illustration of this is the case of a famous Bollywood star's son, whose bail application was granted within 26 days due to his ability to access the best resources and sufficient funds to hire top advocates. In contrast, thousands...
Commercial Surrogacy: Examining The Issues Framed By The Supreme Court
According to the World Health Organization (WHO), infertility is characterized as a medical condition of the male or female reproductive system marked by the inability to achieve pregnancy after 12 months or more of regular unprotected sexual intercourse. Infertility affects millions of people including both male and female and hinders their ability to naturally conceive a child. There is...
Debt Deconstructed: Analysis Of Supreme Court's Judgment On Determining The Nature Of Debt
The resolution professionals (RPs) are more often than not saddled with the decision of categorizing the claims submitted before them either as financial or operational debt. The Insolvency and Bankruptcy Code 2016 (IBC) has broadly defined the terms, financial and operational debt. However, given the diversity in the nature of claims, interpretational challenge over what...
Pre-Legislative Consultation: An Overview
In a democratic country like India, public participation in legislation enactment process is vital. Direct public consultation democratizes exposure to the principles and rights guaranteed by the Constitution of India. Several enactments have resulted in public retaliation where no consultation was sought from the public. Laws are enacted for the welfare of citizens and the dynamic...
Unilateral Appointment And Section 12(5) Of Arbitration And Conciliation Act, 1996
Despite having landmark judgements and amendments, unilateral appointments have been perplexing the courts in India. The question remains whether unilateral appointments are void ab into, whether all unilateral appointments have to be tested with schedule seven and what is the extent of waiver of rights under section 12 Act. Although the Apex court has laid clear precedent in...