“While the powers the High Court may exercise under its Writ Jurisdiction are not subject to strict legal principles, two clear principles emerge with respect to when a High Court’s Writ Jurisdiction may be engaged. First, the decision of the High Court to entertain or not entertain a particular action under its Writ Jurisdiction is […]
Read more "Writ Jurisdiction of High Courts"“With effect from 01.09.2018, Section 143A was inserted in The Negotiable Instruments Act, 1881 by Amendment Act No. 20/2018. We are concerned in the present case only with the issue regarding applicability of said Section 143A to offences under Section 138, committed before the insertion of said Section 143A. Section 143A not only creates a […]
Read more "Section 143A, The NI Act"The Board of Control for Cricket in India [BCCI] has adopted Anti-Doping Rules [BCCI ADR] that implement the mandatory requirements of the World Anti-Doping Agency [WADA] Code in Indian Cricket. BCCI ADR, 2019 applied to the issue. Mr. Shaw consumed a cough syrup for a couple of days before he played the Syed Mushtaq Ali […]
Read more "The Case of Mr. Prithvi Shaw"“In view of the allegations of fraud levelled that the compromise decree is vitiated by fraud, the parties cannot be referred to Arbitration. Such a plea could be decided only by the Civil Court. Observing that where there are allegations of fraud which are so complicated that it becomes absolutely essential that such complex issues can […]
Read more "Section 8 of The Arbitration Act VII"“When the accusation in the present case has its genesis in certain acts and utterances attributed to the accused, the meaning and expanse of the expression ‘abetment’, particularly on its operation in relation to the offence of ‘abetment of suicide’, is required to be dilated upon. ‘Abetment’ involves a mental process of instigating a person […]
Read more "Section 306, Indian Penal Code II"“Section 118 of The Evidence Act, 1872 deals with the competence of a person to testify before the Court. Section 4 of The Oaths Act, 1969 requires all witnesses to take oath or affirmation, with an exception for child witnesses under the age of twelve years. Therefore, if the Court is satisfied that the child […]
Read more "Child Witness"“Arbitration shall be under Indian Arbitration and Conciliation Law, 1996 and the Venue of Arbitration shall be Bhubaneswar.” “Where the contract specifies the jurisdiction of the Court at a particular place, only such Court will have the jurisdiction to deal with the matter and parties intended to exclude all other Courts. In the present case, […]
Read more "Venue of Arbitration"