Relational Contracts: Time For Legal Recognition In India

With the invention of wheel, mankind accelerated its growth against time. To further accelerate the growth of mankind, it is important to give pace to the wheels. Development of Infrastructure is the bedrock of India's economic growth and plays a pivotal role in accelerating the growth of India's overall social, political and economic development. The Infrastructure sector covers wide range of sub-groups namely roads, ports, power, railways, telecommunications etc. In order to develop,...

Shifting Of Seat Of Arbitration

In recent times, the arbitration law in India has evolved many folds. It has been settled by the Supreme Court that 'seat of arbitration' determines the jurisdiction of the court in an arbitration matter. However, what happens when the venue/ seat of arbitration is changed. The present article deals with a recent judgment passed by the Supreme Court in Inox Renewables Ltd. vs. Jayesh Electricals Ltd.[1]clarifying this aspect. The above judgment finally settles a vital question of law...

Insolvency Of Personal Guarantors To Companies: An Atmosphere Of Uncertainty

Corporate Insolvency Resolution Process can now be triggered against the personal guarantors of a corporate debtor including the promoters of a corporate person by its creditors through rules notified on 15.11.2019 by the Ministry of Corporate Affairs. The entire set of rules have flooded the gates of Courts all over against the constitutionality of the new provisions with the notification being challenged by almost 100 promoters including the billionaire Industrialists like Arvind Dham,...

Limitations In Exercising Jurisdiction U/S 482 Of The Code Of Criminal Procedure

It is the prerogative of an accused to approach the High Court of appropriate jurisdiction with a prayer to quash the First Information Report ( FIR) that is registered against them. This plea can be adopted at any point of time be it before or after filing the charge sheet. Similarly whether or not the accused has obtained bail is not of relevance. However, one often comes across the prayer for "no coercive steps" or "stay of arrest" in a petition u/s 482 of the Code of Criminal...

Role Of 'Intellectual Property' While Tackling The 'International Pandemic'

The debaters of intellectual property (IP) exclusivity versus the public interest at large have been always at loggerheads. While protection of IP right gives the due impetus and encouragement to innovate for the public, the same IP exclusivity is often seen as a hindrance is making such remarkable innovations available to the public. It has always been a challenge for Legislators, Courts and Law Enforcement Agencies alike to strike a right balance between the private right of IP and...

Recognition Of Emergency Arbitration In India

The Delhi High Court recently had the opportunity to examine the issue whether an emergency arbitrator is an arbitrator under the Arbitration and Conciliation Act, 1996 ("Act"). The High Court further examined the issue of whether the interim order of the Emergency Arbitrator is an order under Section 17 (1) and is enforceable under 17(2) of Act[1]. Emergency Arbitration The concept of emergency arbitration, though while not expressly present in the Act or even in the Arbitration and...

The Tribunals Reform Ordinance, 2021 Abolishes IPAB In An Effort To 'Streamline' Tribunals

A recent bill was introduced in the Lok Sabha by Minister of State Finance, Anurag Thakur. The bill proposed to reform the appointment of members and chairpersons in tribunals set up under various laws. It further provides a mechanism for filing an appeal directly to the commercial courts or the High Courts, as the case may be[1], thereby dismantling various appellate tribunals including the Intellectual Property Appellate Board (IPAB) that is responsible for hearing appeals regarding...

Stare Decisis Stares: Many Questions Than Answers In Delhi High Court Judgement Of 'Har Kishan Vs. President Secretariatt' W.P. (C) 7976/2020?

The Right to Information bleeds now with a requirement being added by a judicial order much beyond the original scheme of the Act and that is, 'Disclosure of Interest in Personal Information sought under the RTI Act would be necessary'. Fortunately, the scope of the said decision in terms of the requirement to disclose interest in any information being sought under the RTI Act, has been corrected by the Hon'ble High Court in its order dated 29.01.2021, interestingly yet again, it could...

Face Mask Against Face Cover: Controversy Still Unsettled In Delhi High Court Judgement Of 'Sudesh Kumar Vs. Govt. Of NCT Of Delhi W.P. (C) 9408/2020'?

Discipline demands a decision to obey in India and during the pandemic COVID-19 recurrence phase, the judgement passed by the High Court of Delhi has come out as a prima facie reflection of larger public good for the people in Delhi, in holding a vehicle to be a public place even if occupied by only one person for the purpose of wearing a mask compulsorily, however with the observation that 'Wearing of masks cannot be made an ego issue' since a mask is stated to be a 'Suraksha...

RERA: Safeguarding Buyers At The Crack Of The Dawn

Real estate sector has been one of the largest contributor towards the country's economic growth, yet, until a few years back it was highly risky and unregulated. The Government of India has brought about several reforms to regulate the realty sector. One major reform and the most celebrated was the enactment of 'The Real Estate (Regulation and Development) Act, 2016' (the 'RERA') with the intent to protect the interest of buyers and boost investor confidence. RERA regulates residential...

With Directions, Without Orders And Wait: Difficulties For Special Courts (POCSO) To Suo-Moto Follow The Bijoy V. State Of West Bengal, 2017?

Alice Miller, a Swiss psychologist, speaking about child abuse has said: "Child abuse damages a person for life and that damage is in no way diminished by the ignorance of the perpetrator. It is only with the uncovering of the complete truth as it affects all those involved that a genuinely viable solution can be found to the dangers of child abuse." - Alakh Alok Srivastava Vs. Union of India (2018) 17 SCC 291

Lawyers Can Win In Mediation

I am one of the founding coordinators of the Bangalore Mediation Centre, the Court annexed program of the High Court of Karnataka. A few months after we started the mediation program, a young advocate walked into my office and could not contain her excitement. She had experienced a successful mediation and exclaimed 'A silent revolution is happening in our courts. We now have a forum for quick, cheap and efficient resolutions. Most importantly, the parties are in control of the outcome'. ...