Execution Of Foreign Decree : Discussing Section 13 Of Code Of Civil Procedure

I. Introduction The lack of concrete jurisprudence regulating the execution and enforcement of a foreign decree in India has created an intractable lacuna in the manner in which Private International Law is dealt with by the Indian Courts. This is even more so in light of conflicting judgments of these Courts, which have time and again attempted to define the scope of enforcing such decrees in India. One of the many necessary implications of such conflicting...

Arbitration And Conciliation Act, 1996: Takeaways From The 10 Recent Important Judgments Of Supreme Court

Arbitration is now the principal method of resolving international disputes involving states, individuals, and corporations. This is one of the consequences of the increased globalisation of world trade and investment. It has resulted in increasingly harmonised arbitration practices by specialised international arbitration practitioners who speak a common procedural language. (Redfern and Hunter on International Arbitration, USA 2015). The Arbitration and Conciliation Act, 1996, has...

Mergers: A Travesty Of Justice

The Tenth Schedule to the Constitution of India, otherwise popularly referred to as the 'Anti-Defection Law' was inserted by the fifty-second amendment to the Constitution in the year 1985. Paragraph 2 of the Tenth Schedule lays down certain acts which would amount to defection and attract disqualification from the House; primarily voluntarily giving up of membership and voting (or abstaining to vote) contrary to the wishes of the party. Paragraph 3 of the Tenth Schedule, prior to its...

A Debate Drifting Off-Course? Analysing The Narratives Against The Citizenship Amendment Act, 2019

The Citizenship Amendment Act, 2019 (CAA) amended the Citizenship Act, 1955 to provide fast-tracked citizenship to Hindus, Christians, Jains, Sikhs, Parsis and Buddhists fleeing religious persecution from Pakistan, Afghanistan and Bangladesh. The list of religions is conspicuous for the exclusion of Muslims from the list. As this law draws a distinction between persons based on religion, it has evoked passionate protests and debates across the nation. While many of the arguments based on...

The Jurisdiction Of The Arbitral Tribunal To Bifurcate Arbitral Proceedings

Bifurcation in arbitral proceedings most often refers to the separation or division of jurisdictional issues from the merits, hence creating a separate phase to consider the jurisdictional and admissibility objections raised in the course of arbitral proceedings. A viable reason for bifurcation of arbitral proceedings has been furnished to as- splitting the merits of a case into liability and quantum phase.[1]In essence, bifurcation in arbitral proceedings is most desirable in investment ...

Beyond Us And Them: Kashmir, A Case Against Third Party Mediation

The Kashmir conflict has seemingly identifiable historical roots. The chronology of events culminating in the present state of the conflict is largely indisputable and the literature on it, abundant. The Kashmir conflict, however, derives its infamy, not from the happening or non-happening of said events but from the deeply disputed interpretation of them. The seven decade long legacy of the Kashmir conundrum has shown that ruminations over its history are rarely fruitful. Ever since the...

Once A King, Always A King? No

Preference shareholders, by virtue of their position, enjoy a number of benefits. The primary benefit is that whenever the company decides to pay dividends, the preference shareholders will be the first to be paid. They do not enjoy normal voting rights like ordinary shareholders. The reason being that they are already in a relatively secure position. Also, this is a trade-off made so that they get an assured income. Section 43 of the Companies Act, 2013 provides that on the...

Transformative Constitutionalism And The Sabarimala Judgment

The Indian Constitution is a great social document, almost revolutionary in its aim of transforming a medieval, hierarchical society into a modern, egalitarian democracy and its provisions can be comprehended only by a spacious, social science approach, not by pedantic, traditional legalism.[1] The whole idea of having a Constitution is to guide the nation towards a resplendent future. Therefore, the purpose of having a Constitution is to transform the society for the better and this...

How to Make Legal Education in India ‘Meaningful’?

A cluster of universities established by respective state/provincial legislatures in India prefer adding the prefix ‘national’, ultimately making them national law universities also popularly known as NLUs. Often, such a nomenclature gets associated with the overall quality of an institution. For stakeholders, primarily budding lawyers and aspiring law students, one of the most common concerns is whether receiving education from a university or a college outside the NLU cluster would help...

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years.A major concern behind the proposal seems to be the huge backlog of cases and inordinate delay, which deprives the citizens of the right to speedy trial. The underlying logic for such a request seems to be that it would help retain judges, which would reduce judicial vacancies and hence clear up the backlog....

Should The Supreme Court Proceedings Be Live Streamed?

In case of Supreme Court, the right to transparency must end an inch before the right to speculate is created. The proponents of live streaming often advance various examples but chief among them is, other countries where the practice prevails, comparison of court with Parliament and the fact of latter allowing live streaming, and the need for educating the masses on how courts decide cases, and so forth. All these reasons combined together are too tempting for a neutral citizen to not favor...

Genetic Discrimination & Health Insurance: An Analysis

According to Order VIII, Rule 6 (3), Illustration (c) of the Code of Civil Procedure, 1908, ‘insure’ means to secure payment of a sum of money in the event of loss or damage to property, or, death or physical injury to a person in consideration of the payment of a premium and observance of certain conditions. ‘Insurance’ is a contract by which a person (insurer) in consideration of a sum of money (the premium), becomes bound to secure a party against the risk of loss occasioning from certain...