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Judges’ commenting on Advocates: A case of shooting the messenger?
In a video shared widely on social media, Justice H.P. Sandesh of the Karnataka High Court can be seen reprimanding the Anti-Corruption Bureau of Karnataka (‘ACB’) for not producing documents… Read more ⇢
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Do Judges have “Skin in the Game”?
Recently, I read Nassim Nicholas Taleb’s Book, “SKIN IN THE GAME”. It made me think about the applicability of the commonsensical “skin in the game” principle to the Indian judiciary.… Read more ⇢
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Non -implementation of Resolution Plan: remedies available to the Creditors
Most Creditors heave a sigh of relief once the National Company Law Tribunal approves the Resolution Plan (“Plan”). However, the actual trouble for the creditors begin after approval of the… Read more ⇢
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Notes from Seth Godin’s “Linchpin”
The message that Seth Godin tries to deliver in this piece of “art” is that the time of being a cog in the wheel in an assembly line is over.… Read more ⇢
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Supreme Court overrules United India Insurance Co v. Antique Art Exports Pvt. Ltd.
In my earlier post, I had pointed out that the Supreme Court in United India Insurance Co. v. Antique Art Exports Pvt Ltd., had almost overruled the interpretation of Section… Read more ⇢
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Arbitrability of claims after issuing a No Claim Certificate in Construction Contracts
In the construction industry, especially where contracts are awarded by the Public Sector Utilities in India (“PSUs”), it is a prevalent practice to insist for a No-claim certificate (“NOC”) and/or… Read more ⇢
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Is the Supreme Court in Ssangyong, wrong?
“Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying its very essence,… Read more ⇢
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The Conundrum: Whether the Amendment to Arbitration and Conciliation act, 1996 is prospective or retrospective?
The Arbitration and Conciliation Act, 1996 (“Act”) was amended on 31.12.2015 (“the Amendment”) with the laudable objective of making the arbitration process “more user-friendly, cost effective and lead… Read more ⇢
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Can the Consumer Forum refer consumer disputes to Arbitration?
Under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter, “the Arbitration Act”), a “judicial authority” before whom a dispute has been brought, has to refer the matter to… Read more ⇢
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