Why the new geospatial policy can do wonders for Indian economy
You can’t use an old map to explore a new world. — Albert Einstein What the late Nobel laurate and physicist said about maps, could not have been more apt in a digitally interconnected world. Unlike the past, when maps were used mostly by explorers, navigators and Colony seeking adventurers, to find their way, today […]
The advent of dialogic jurisdiction
It is a truism to state that the Supreme Court of India has one of the widest jurisdictions in comparison to any other Court in the world. It is the final Court of Appeal not just in Constitutional matters but in Civil, Criminal and other types of matters as well. The Supreme Court of India […]
How arbitration friendly is India, really? (with reference to arbitrability of fraud)
In every society with a modern judicial system; fraud is perceived to be a ‘criminal’ rather than a civil offence, albeit it could have both criminal and civil consequences, which then leads the remedy to be two-fold – initiation of criminal as well as civil remedies/litigations. Disputes arising on account of criminal offences remain outside […]
The curious case of speech and internet
“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.” George Washington Unlike fundamental rights, the right to Internet is a 21st century phenomenon. The right to life and freedom to speak one’s mind are so intrinsically linked to human existence that it is affirmed by […]
Consumer Protection Act, 2019: Key features and highlights
The new Consumer Protection Act, 2019 has been enforced repealing the existing pre-globalisation era Consumer Protection Act, 1986. The new law is not old wine in a new bottle. It brings structural and procedural reforms to the existing law. An attempt has also been made to minimise the inadequacies of the previous Act. The 1986 […]
Scope and analysis of Section 34(4) of the Arbitration and Conciliation Act, 1996
This Article seeks to examine Section 34(4) of the Arbitration and Conciliation Act,1996. An Arbitral Award passed under Section 31 of the Arbitration and Conciliation Act,1996 (referred to as the ‘1996 Act’) is essentially a statement of ‘determination of issues’ by an arbitral tribunal and as a matter of deliberate legal construct no provision for […]
National Court of Appeal: A way forward
Origin of the Supreme Court The History of the Hon’ble Supreme Court of India can be traced back to the establishment of the Federal Court in India on October 1, 1937 when the Viceroy Linlithgow administered the oath of allegiance to the first three judges of the Hon’ble Federal court namely Chief Justice Sir Maurice […]
Supreme Court of India on trial by media
The only saving grace, it seems is that the Lady of Justice is blind. If she could see the slow but steady decline of the our moral standards as a society surely her head would hang in shame. The Fourth Estate has been regarded as one of the sentinels guarding the existence of the society. […]
Air pollution – A need to re-visit legislative and regulatory framework in India
In the year 1952 a high-pressure weather system trapped cold air below and warm air higher up over the city of London. By itself this would have been a relatively harmless weather phenomenon. However, combined with the fact that the coal driven industrial revolution had rendered the city a virtual cesspool of air pollution it […]
Mutual wills – A safety net or a can of worms?
An interesting and unique feature of the jurisprudence on testamentary disposition is the concept of Mutual Wills. In this article, the authors have sought analyze this legal concept, which in many ways, operates as an exception to the ordinary rules which govern testamentary succession. While Mutual Wills are often an attractive option, especially for married […]