Litigation, arbitration & dispute resolution

Gujarat HC issues notice to Centre, Guj Govt & Niantic Inc over Pokémon Go [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
pokemon-1574648_640 Gujarat High Court has on September 7, issued notice to Union of India, Gujarat Government and the California based Niantic Inc. in a public interest litigation (PIL) petition alleging that the mobile game Pokémon Go hurts religious sentiments by showing eggs being collected in d...

Foreign arbitration seats: Setting the record straight of Sasan Power v North American Coal: Part I

by S. Badrinath on in Litigation, arbitration & dispute resolution
Many initial news reports about Sasan Power Ltd. v. North American Coal Corporation India Private Limited said that Supreme Court allowed Indian parties to contract out Indian law or that Indian parties could agree to a foreign seat. Later reports make a little more sense in reporting what the judge...
“Our houses are such unwieldy property that we are often imprisoned rather than housed in them.” - Henry David Thoreau, Walden The present article seeks to discuss the problems faced by landowners, who enter into agreements mostly called “Collaboration Agreements”, with builders, whereby in lieu of ...

The future of SIAC arbitration

by Ashurst on in Litigation, arbitration & dispute resolution
On 1 August 2016, the 6th Edition of the Singapore International Arbitration Centre Rules (the “SIAC Rules 2016”) will come into force. The SIAC Rules 2016 introduce noteworthy changes to the arbitration process, spurred by a desire to secure the position of the SIAC (and Singapore) as a world leade...

Last Week in Litigation - July 4 to July 9

by Anjali on in Litigation, arbitration & dispute resolution
Supreme Court slams Google, Yahoo and Microsoft for sex selection kit ads http://goo.gl/P8ERNA The Supreme Court on Tuesday slammed search engines Google, Yahoo and Microsoft for failing to keep out ads selling sex selection kits, and asked the Central government and the intermediaries to immediatel...

Insights into the proposed Road Transport and Safety Bill, 2014

by Kaustubh Prakash on in Litigation, arbitration & dispute resolution
Analysis of the proposed Road Transport and Safety Bill, 2015: Salient features with Special reference to Third Party Claim Compensation/Settlement Road Transport and Safety Amendment Bill, 2015 has been a key initiative of Shri Nitin Gadkari led Ministry of Road Transport and Highways. The bill has...

The SC was right in upholding criminal defamation: Here's a better road to abolition

by OneLawStreet on in Litigation, arbitration & dispute resolution
By: Siddharth Sijoira [Author is an advocate at the Supreme Court of India] The Supreme Court verdict upholding the constitutional validity of criminal defamation under sections 499 and 500 is timely and conforms to the larger societal needs. The court has correctly opined that the right to freedom ...
President of India has issued ordinances partly nullifying the orders of the Supreme Court of India regarding NEET exam for entrance to medical and dental colleges. The ordinances amend the Indian Medical Council Act, 1956 and the Dentists Act, 1948. These ordinances provide for a uniform entrance e...

PIL before Supreme Court seeks ban on WhatsApp for its encryption. Is the law grey?

by OneLawStreet on in Litigation, arbitration & dispute resolution
whatsapp-1317538_640 While Indian citizens await setting up of a Constitution bench by the Supreme Court of India to determine if there is fundamental right to privacy under the Constitution of India, a public interest petition has been filed before SC seeking ban on Whatsapp, Telegram, and other me...

Reviewing NEET Decision – Highlighting procedural impropriety and gaps in writing judgments

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Recently, a Constitution Bench (comprising of five Judges) of the Supreme Court of India has allowed the Review Petition and recalled its judgment dated 18 July 2013 and directed that the matters be heard afresh . The operative para reads as under:- “We, therefore, allow these...

Supreme Court seeks Attorney General’s view on Jairam Ramesh’s challenge to Aadhaar

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme Court of India has asked for the view of Attorney General for India in the challenge to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. When the matter was called for hearing, senior counsel P Chidambaram and Kapil Sibal appeared for the pet...

Supreme Court admits PIL for fresh FIR against Mayawati in DA case

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has admitted a 2014-public interest litigation (PIL) petition seeking filing of a fresh FIR against ex-UP CM and BSP supremo Mayawati for disproportionate assets in light of the fresh material available. Hearing the PIL filed by ex-BSP leader Kamlesh Ver...

Five-judge bench of SC allows review of NEET judgment; orders fresh hearing [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme In an important development, a five-judge bench of the Supreme Court of India has allowed the petitions seeking review of the 2013 judgment of the three-judge bench of the court which had ruled that the Medical Council of India’s (MCI) notifications for holding common entrance tests for MBBS...

Supreme Court directs Centre and States to formulate plans for disaster management

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India The Supreme Court of India has directed the central and state governments to formulate a national plan for disaster management to provide relief and rehabilitation to those affected by calamities. On April 5, the order was passed by a bench comprising of Justices Dipak Misra a...

SC modifies its judgment – allows CM, Gov & Ministers on Govt ads along with PM, Prez & CJI

by OneLawStreet on in Litigation, arbitration & dispute resolution
download-order Modifying its historic judgment last year , while deciding review petitions filed by various state governments, Supreme Court of India has now permitted the publication of photographs of the governors and the chief ministers of states in addition to those of President, Prime Minister ...

Supreme Court asks to maintain status quo on Punjab – Haryana SYL canal [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has ordered that status quo be maintained on the Sutlej-Yamuna Link (SYL) canal and has appointed the Union home secretary and Punjab chief secretary and director general of police (DGP) as receiver of the canal. A Constitution Bench of the Court observe...

Understanding the Law of Sedition | Opinion

by OneLawStreet on in Litigation, arbitration & dispute resolution
Constitution-of-India-preamble Siddharth Sijoria, an advocate practising at the Supreme Court of India, writes about the law of sedition in India. This article was first published in the magazine ‘Lawyers Update’, March 2016. The Famous American Judge, Justice Oliver Wendell Holmes had declared in 1...

Speech of the President at Allahabad HC at inauguration of its Sesquicentennial Celebrations

by OneLawStreet on in Litigation, arbitration & dispute resolution
The President of India, Pranab Mukherjee inaugurated the Sesquicentennial Celebrations of the High Court of Judicature at Allahabad on 13 March 2016. Allahabad High Court will complete 150 years of its existence on 17 March 2016. 1. I am delighted to join this distinguished gathering of judges, lega...

Supreme Court directs sterilisation and vaccination of stray dogs [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
stray dogs The Supreme Court of India has directed that the sterlisation or vaccination of the stray dogs, which require so, be carried out in accordance with law. Court has directed that no organisation shall create any kind of obstacle or impediment in the implementation if this order. It has furt...
Supreme Court of India has issued a notice to UB Group chairman Vijay Mallya after a consortium of 17 banks approached Supreme Court to restrain from leaving the country. Mallaya’s Kingfisher Airlines Ltd. owes Rs. 9,091 crore in loans to various banks. Attorney General Mukul Rohatgi, who appeared f...