“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]Read more "Masterly Concubinage II"
My Lord, When the Arbitration Agreement specifies the ‘venue’ for holding the Arbitration Sittings by the Arbitrators but does not specify the ‘seat’, then on what basis and by which principle, the parties have to decide the place of ‘seat’ which has a material bearing for determining the applicability of laws of a particular country for […]Read more "Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration"
Cited: Foreign Cases: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) EWHC 426 (TCC). […]Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"
On March 05, 2014 Hon’ble Justice Thakur, not yet the CJI, spoke of the ‘chalta hai attitude’ that often costs the society dearly in man-made tragedies [See, (2014) 6 SCC 173]. The price of Sushil Ansal’s ‘chalta hai attitude’ was pegged at Rs. 30 Crores [See, (2015) 10 SCC 359]. That is merely 18 Crores […]Read more "The Advanced Age of Sushil Ansal"
My Lord, Can grant of monetary compensation be considered as the sole and adequate remedy for a student who has been deprived of admission, despite he or she being meritorious, vigilant and diligent, because of lapses committed either by the counselling authority or the administrating authority intrinsically connected with the process of admission? “It is […]Read more "Referred to Larger Bench XII: Doctrine of Relation Back in Admissions"
My Lord, Is it permissible and advisable to provide Statutory Appeals directly to the Supreme Court, from Orders of Tribunals, on issues not affecting National or Public Interest? “In an Article by Shri T.R. Andhyarujina [Former Solicitor General of India], ‘Restoring the Character and Stature of the Supreme Court of India’, the Learned Author states… […]Read more "Referred to Larger Bench XI: Statutory Appeals to Supreme Court"
My Lord, Why is the Supreme Court not a Constitutional Court? “Relying upon Vidhi Centre for Legal Policy, Mr. Venugopal established that The Supreme Court had strayed from its Original Character as a Constitutional Court and gradually converted itself into a Mere Court of Appeal to correct every error it found in the decisions of the 24 […]Read more "Referred to Larger Bench X: Vidhi Centre for Legal Policy"