Articles

2nd Jul, 2015

Bifurcation of cause of action not permissible to bring in applicability of Section 8 of the Arbitration & Conciliation Act, 1996

Cause of action in one matter cannot be bifurcated,  one to be decided by the arbitral tribunal and other to be decided by the civil court would inevitably delay the proceedings. The whole purpose of […]
2nd Jul, 2015

Position of law in arbitral reference in case of multiple, multi-party agreements with interlinked causes of action

 A non-signatory or third party could be subjected to arbitration without their prior consent, but this would only be in exceptional cases. The Court will examine these exceptions from the touchstone of direct relationship to […]
2nd Jul, 2015

Court to act with caution and circumspection while deciding on plea of not invoking arbitration on the ground of contract being void or voidable

Court ought to act with caution and circumspection whilst examining the plea that the main contract is void or voidable. The Court ought to decline reference to arbitration only where the Court can reach the […]
21st Jun, 2015

Cruelty has to be seen in relation to the conduct of parties to a marriage #indianlaws

Supreme Court in the case namely Shobha Rani vs. Madhukar Reddi, decided on 12.11.1987 (MANU / SC / 0419 / 1987 = [1988] 1 SCR 1010) dealt with the extent of “cruelty” as provided in […]
21st Jun, 2015

High Court in exercise of writ jurisdiction cannot decide on whether property is encumbered or not #indianlaws

It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]
21st Jun, 2015

Rights of convicts awarded with Death Penalty #indianlaws

The condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in an arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.
2nd Jun, 2015

The law of obscenity under Section 292 of the Indian Penal Code, 1860

The Indian Penal Code does not define the word “obscene” and this delicate task of how to distinguish between that which is artistic and that which is obscene has to be performed by Courts. The […]
2nd Jun, 2015

Writ of certiorari against MACT is maintainable #indianlaws

The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an […]
2nd Jun, 2015

Party contesting court proceedings must obtain courts permission to tender evidence after third party is examined

The parties assume that a witness can be examined in any order and the parties can also bring their own versions at any time they wish. Any breach of this rule has to be viewed […]
2nd Jun, 2015

Freedom of speech and expression not absolute in the context of obscenity #indianlaws

Considering matter from the point of obscenity, contemporary community standards test is the main criterion and it has to be appreciated on the foundation of modern perception, regard being had to the criterion that develops […]
21st May, 2015

Law on exercise of Inherent Powers by the High Court under Section 482 Cr P C #indianlaws

The power of quashing criminal proceedings has to be exercised very sparingly and carefully in exceptional cases to prevent miscarriage of justice.
21st May, 2015

Principles to calculate compensation in case of accident by multiple vehicles #indianlaws

Claimant is entitled to claim compensation from one or both joint tort feasors when an accident is caused by composite negligence of drivers