“On a careful reading of Section 50 of The Arbitration Act, 1996, it is limpid that an appeal can lie if an order is passed refusing, to refer the parties to Arbitration as engrafted under Section 45, or to enforce a Foreign Award as envisaged under Section 48. Section 50(1)(b) has not been amended by […]
Read more "Section 50 of The Arbitration Act I"In Gibson v. Skibs, (1966) 2 All ER 478 it was held, “prima facie one would expect that when two different words, although practically synonymous in ordinary use, are employed in different parts of the same regulation dealing with the same kind of topic, they are intended to have some different meaning.” SC held in […]
Read more "Synonymous Words, Different Meanings"To commit an offence, within the meaning of Section 138 of The Negotiable Instruments Act, 1881 there must be a legally enforceable debt or other liability subsisting on the date of drawal of the cheque. This is important to point out for sometimes cheques are post-dated. Notably, in Indus Airways Pvt. Ltd. v. Magnum Aviation […]
Read more "A Legally Enforceable Debt II"“The sole evidence of a handwriting expert is not normally sufficient for recording a definite finding about the writing being of a certain person or not. A Court is competent to compare the disputed writing of a person with others which are admitted or proved to be his writings. It may not be safe for […]
Read more "Experts II: Handwriting Experts"My Lord, 1997 Amendment to Section 28 of The Indian Contract Act, 1872 – Retrospective? No. “What emerges on a reading of the Law Commission Report together with the Statement of Objects and Reasons for the Amendment is that the Amendment does not purport to be either declaratory or clarificatory. It seeks to bring about […]
Read more "Section 28 of The Indian Contract Act, 1872"The rule of construction by reference to ‘contemporanea expositio‘ is a well established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it must give way where the language of the statute is plain and unambiguous. This rule has been succinctly expressed in Crawford on Statutory Construction […]
Read more "The Doctrine of Contemporanea Expositio I"“Recently, in Central Coalfields Ltd. v. SLL-SML (Joint Venture Consortium) it was held by this Court, relying on a host of decisions, the decision making process of the employer or owner of the project in accepting or rejecting the bid of a tenderer should not be interfered with. Interference is permissible only if the decision […]
Read more "Tender Law III"“Death of the deceased was occasioned by a combination of Injury No. 1 and 2, and complications arising therefrom including aspiration of blood into the air passages resulting in Anoxic Brain Damage. The same, in the opinion of the doctor (P.W. 64), had occurred due to the fact that the deceased was kept in a […]
Read more "The Exquisite Corpse of Soumya I"“It is well established, right to life under Article 21 of the Constitution includes the right to lead a dignified and meaningful life and the right to health is an integral facet of this right. In Subhash Chandra Bose, (1992) 1 SCC 441 while dealing with the right to health of workers, it was noted, […]
Read more "Right to Reproductive Health"Satyam, Shivam, Sundaram: Love Sublime Omniscience ≠ Judge Property Hon’ble Justice Krishna Iyer, Raj Kapoor, (1980) 1 SCC 43. Any attempt to go further than Raj Kapoor, (1980) 1 SCC 43 as regards issues relating to inherent powers of a High Court under Section 482 of The Code of Criminal Procedure, 1973 is ‘unwarranted’. In […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 I"In Cochin Shipyard, Misra and Pant JJ specifically declined to enter upon a discussion pertaining to any moral misconduct of an Arbitrator or its relevance under The Arbitration Act, 1940. Recently, in Harish Chandra & Company v. State of Uttar Pradesh, [Civil Appeal No. 8829 of 2016] SC has held, “One cannot dispute the legal […]
Read more "Moral Misconduct of an Arbitrator II"“The expression ‘legal proceeding’ has been the subject matter of consideration in the Federal Court decision in Governor-General in Council v. Shiromani Sugar Mills Ltd., AIR 1946 FC 16. In that decision Section 171 of The Indian Companies Act, 1913 came up for consideration. “When a winding-up order has been made or a Provisional Liquidator […]
Read more "Legal Proceeding"“It is quite demonstrable and patently clear that the National Anthem was used in a variety show of a school. It was presented as an item on behalf of Class IV students. It is also noticed that when the boy started singing the National Anthem the audience do not stand up immediately. The movement is […]
Read more "The K3G National Anthem Scene"Throughout the history of the use of the term in Latin, ‘prima facie’ meant only the most cursory, initial impression. It retained that meaning upon its adoption into colloquial English. The term ‘prima facie’ is used in the law both as an adjective and as an adverb. Common Law Courts which developed the judicial meaning […]
Read more "Prima Facie"Yatin Narendra Oza is as an outspoken Senior Advocate. He was Designated at 39. He has served as President of Gujarat High Court Advocates Association 16 times. YNO, while contemptuously alleging that 2 Judges had proximity to the Prime Minister, was “under the impression that he was making a genuine effort to protect the interest […]
Read more "Indubitably, Yatin Narendra Oza"“The principle of ‘ex debito justitiae’ has been elaborately dealt with in the concurring Judgment of Umesh C. Banerjee J in Rupa Ashok Hurra, (2002) 4 SCC 388, Paragraph 69. The principle is founded on a recognition of a debt that justice delivery system owes to a litigant to correct an error in a judicial […]
Read more "Ex Debito Justitiae I"As the governing hands of Kerala have changed, so have its stands on the Sabarimala Controversy. This has attracted widespread reportage. An inspired Dr. Abhishek Manu Singhvi, Senior Advocate argued recently, a State Government cannot be allowed to change its stand before SC in proceedings borne out of Article 136, at time of arguments especially, […]
Read more "রাজ্য সরকারের মতামত পরিবর্তন"Manoj Kumar Sharma, serving in the Indian Air Force at the relevant time, got married to one Nandini on 27.04.1999. On 20.09.1999, Nandini Sharma committed suicide at her matrimonial home. Ambala Police closed the case after fulfilling the requirements of Section 174 of The Code of Criminal Procedure, 1973 holding, there was no foul play […]
Read more "First Information Report I"My Lord, What is the scope of enquiry under Section 45 of The Arbitration and Conciliation Act, 1996? “It is settled law that an Arbitration Agreement is an independent or ‘self-contained’ agreement. Notwithstanding the fact that rights and obligations arising out of a substantive contract and the agreement to have the disputes settled through the […]
Read more "Section 45 of The Arbitration Act"“We think it profitable to examine the scheme of Order 6, Rule 16: “16. Striking out pleadings – Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading – (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, […]
Read more "Order 6, Rule 16 of The Code of Civil Procedure, 1908"
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