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141.
Arbitration in India: New Developments
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(Blog: Analysis)
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We've not been blogging for some time but the period of lull is over. In this post, we intend to bring to the readers a few developments in Indian arbitration law and provide link comments on those developments. ...
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Created on 08 December 2016
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142.
Tracking Cybercrime through the National Crime Records Bureau’s “Crime in India” Report, 2015
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(Blog: Technology, Media & Telecommunications)
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... device’ (Section 66B), ‘identity theft’ (Section 66C) and others. It is interesting to note that despite Section 66A being struck down last year by the Supreme Court in the Shreya Singhal case, convictions ...
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Created on 07 December 2016
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143.
Sanction for Prosecution of Offences under Chapter XII of the (Indian) Income Tax Act-1961
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(Blog: Tax (indirect & direct))
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...
The Hon’ble Supreme Court in the case of Municipal Committee vs. Punjab State Electricity Board [Ref.: [2010] 13 SCC 216] explained what constitutes a ‘perverse order’ in the following terms:
“If ...
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Created on 06 December 2016
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144.
Entry Tax on Goods imported into States
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(Blog: Constitutional Law)
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... and others (collectively, “Appellants”), in an appeal to the Supreme Court, challenged the decision of multiple High Courts, which imposed entry tax on goods that are being imported in their respective ...
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Created on 01 December 2016
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145.
Brexit: A remarkable decision by the English HC on Art 50 of the EU treaty
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(Blog: Constitutional Law)
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... and Supreme Court judgments. Hence the Court’s observations in this regard are helpful.
In any case, the reasoning in the decision in the Order would be of special interest to practitioners of constitutional ...
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Created on 28 November 2016
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146.
Private Prosecution of Crime – The Supreme Court shows the Way
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(Blog: Criminal law)
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... the case. And he can do so either by himself or through a pleader.
This position has been recently reiterated by no less an authority than the Supreme Court of India in the case of Dhariwal Industries ...
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Created on 25 November 2016
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147.
Enforceability of a Memorandum of Understanding
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(Blog: Corporate law)
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... in reliance on such understanding’.
In another contradicting judgment, the Supreme Court has held that, ‘the fact that the parties refer to the preparation of an agreement by which the terms agreed upon ...
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Created on 25 November 2016
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148.
Intermediary Liability Again: Google India. vs. Visaka Industries
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(Blog: Technology, Media & Telecommunications)
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... drop the defamation charges against Google India. Being aggrieved by the order of the High Court, Google India filed an appeal before the Supreme Court of India in 2011. Since then, the matter has been ...
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Created on 25 November 2016
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149.
Foreign exchange regulation implications in structures with an element of guaranteed returns
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(Blog: Analysis)
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The Bombay High Court ruling in the case of IDBI Trusteeship Services Limited v/s Hubtown Limited dated 8 May 2015 has been set aside by the Supreme Court in its order dated 15 November 2016. The attached ...
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Created on 23 November 2016
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150.
No Secret: Private businessmen from the corporate world were part of demonetisation decision-making!
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(Blog: Constitutional Law)
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... upheld by any of our 24 High Courts or the Supreme Court should a proper petition be filed; the present petitions challenging demonetisation are quite disappointing, in my view. The blame for such setback, ...
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Created on 21 November 2016
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151.
NDTV India ban: A case of regulatory overreach and insidious censorship?
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(Blog: Technology, Media & Telecommunications)
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... coverage of Pathankot terrorist attacks on 4th January, 2016. The ban has, however, been put on hold by the MIB after the Supreme Court agreed to hear a writ petition filed by NDTV India against the ban. ...
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Created on 19 November 2016
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152.
Equal Rating High Tea (November 18; New Delhi)
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(Blog: Technology, Media & Telecommunications)
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... companies on FOSS licenses such as the GNU GPL. As of 2015, Mishi is the only lawyer in the world simultaneously to appear on briefs in the US and Indian Supreme Courts in the same Term. She consults with ...
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Created on 17 November 2016
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153.
Live Blog: 15th Amity National Moot Court Competition (ANMCC 2016)
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(Blog: Mooting Premier League)
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...
The principal question of the Judges, " Whether a High Court Judgement is binding on the Supreme Court?" Always be prepared for this one guys!
In a classic reversal of roles, one of the participants ...
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Created on 10 November 2016
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154.
The Hindutva Judgements and Electoral Malpractice: A Recap
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(Blog: Technology, Media & Telecommunications)
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by Faiza Rahman Last week, a seven Judge bench of the Supreme Court commenced hearing the much-anticipated appeals to decide the scope of Sections 123 (3) of the Representation of People Act, 1951 (“RPA”), ...
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Created on 28 October 2016
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155.
Indian Response to Online Extremism
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(Blog: Technology, Media & Telecommunications)
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... requests are reviewed by a committee and a ‘designated officer’ who chairs the committee issues approved orders of blocking of access to the service providers. This procedure was upheld by the Supreme ...
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Created on 27 October 2016
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156.
Seven Judge Constitutional Bench of the SC relooking at the Hindutva Judgment: Day 5 Updates
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(Blog: Technology, Media & Telecommunications)
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... Nadu wherein this issue was considered by the Supreme Court and it was held that promises made in the election manifesto cannot be construed as corrupt practice under Section 123 of the RPA. The Court ...
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Created on 27 October 2016
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157.
Seven Judge Constitutional Bench of the SC relooking at the Hindutva Judgment: Day 4 Updates
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(Blog: Technology, Media & Telecommunications)
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... they can take the assistance of external aids. Mr. Divan referred to the judgment in the case of Jagdev Singh Sidhanti vs. Pratap Singh Daulta. The Supreme Court in this case had held that right to conserve ...
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Created on 26 October 2016
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158.
Indian Parties Agreeing on Foreign Seat: Sasan Power v North American Coal: Part II
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(Blog: Analysis)
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In the previous post on this topic, we had given an introduction to Sasan Power Ltd. v. North American Coal Corporation India Private Limited, a recent ruling of the Supreme Court on an interesting issue. ...
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Created on 21 October 2016
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159.
Seven Judge Constitutional Bench of the SC relooking at the Hindutva Judgment: Day 3 Updates
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(Blog: Technology, Media & Telecommunications)
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... challenges pending before the Supreme Court regarding the issue. Justice Lokur on reference to the discussion on the provision in the Select Committee Report observed that the provision should be given ...
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Created on 21 October 2016
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160.
Seven Judge Constitutional Bench of the SC relooking at the Hindutva Judgment: Day 2 Updates
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(Blog: Technology, Media & Telecommunications)
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... 1951 (‘RPA’) and reiterated the issues framed by the three judge bench mentioned here. He submitted that there is no conflict with the stand taken by the Supreme Court in the Manohar Joshi case. He read ...
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Created on 20 October 2016