The argument. Decisions of the CJI or his delegate, under section 11 of the Arbitration and Conciliation Act, 1996 (A & C Act) have no binding value whatsoever on any court on any forum except the forums / arbitral tribunal/ parties involved in the arbitral proceeding in which such findings und...
Blogs by Anirban Bhattacharya
The Bar Council of India (BCI) has agreed to postpone the planned bar exam to December, we are informed. Kian has insinuated here that another possible angle in introduction of the proposed Bar Admission examination may perhaps be to meet the ‘reciprocity’ criterion in the municipal law (e.g.: “You ...
The short point which arose for consideration (in 9 complaints and one appeal) before the Central Information Commission was whether the Bar Council of India and the State Bar Councils are ‘Public Authorities’ within the meaning of Section 2(h) (b) of the RTI Act, 2005. The Bar Council of India, in ...
Tagore firmly believed that independence from the British, in itself, would be meaningless and merely lead to replacing a foreign oppressor with home-grown ones as long as Indians stayed mired in superstition, ritualism, caste ism and such other ims. This belief made him strongly oppose Gandhi’s phi...
The ever-enlightening Wikipedia tells us that the phrase “ Face value” is the value of a coin, stamp or paper money, as printed on the coin, stamp or bill itself by the minting authority. While the face value usually refers to the true value of the coin, stamp or bill in question (as with circulatio...
27 th April, 2010 9.20 A.M. Court of the Metropolitan Magistrate. Punctuality being the virtue of the Bored, Chandi Agreywal, LLM, reaches courtroom no 12 situate in a huge palatial Brit built building tastelessly modified in the interests of justice. The measured steps on the near empty corridors w...
The first one dates back to the first date of hearing of the landmark decision of Kesavananda Bharati by the Hon’ble Supreme Court***.*** The legendary, Mr. Palkhiwala, who then was a young lawyer rose to argue the matter before the largest ever constituted Bench in the Supreme Court. Since thirteen...
The following is a hilarious story of a legal proceeding initiated against one of the greatest ruling super heroes of our times on a question as ancient as the one which arose in the second century with Clement of Alexandria ( whether Apostle Peter and Cephas of Antioch were the same person? ) The E...
In the case of S.K. Alagh Vs. State of U.P. and Ors. reported in (2008) 5 SCC 662 the Hon’ble Supreme Court, at paragraph 20 thereof, observed as under: “… We may, in this regard, notice that the provisions of the Essential Commodities Act, Negotiable Instruments Act, Employees’ Provident Fund (Misc...
Imagine yourself dealing with a case where your client has been accused of murder. The Prosecution story states that your client was found with the murder weapon in his hand when the police arrived having been sitting calmly in front of the deceased for hours and showing no emotion whatsoever. Furth...
The High Courts in India are Courts of records. A Court of record generally has the following attributes: 1. generally has a seal 2. power to fine or imprison for contempt 3. keeps a record of the proceedings 4. proceeds according to the common law (not statutes or codes) 5. is independent of the ma...
Suppose you have hired a wheeled vehicle drawn by animals in any municipality or cantonment area in India where such transportation is as common as wheeled vehicles (and as all of us are aware that such places are plenty in ‘Incredible India’, not in consideration of our efforts to save the world bu...
Hi folks, Those of you who may missed today’s TOI may not have come across an article discussing , among others , two interesting question which are pending adjudication in a PIL before the Delhi High Court. You may read the article http://timesofindia.indiatimes.com/india/Can-retired-SC-judges-advi...
Its that time of the year when suddenly the attendance sheets are almost perfect, the collars crisper, the spirits well guarded and the efficiency or the visuals of professional motion much more swifter. It’s the end of the financial year and thus the time for enhancements in the paypack. And this y...
If you have noticed that whenever one sees the usage of the word “Client”, one knows that there just has to be lawyer or an architect involved since no one else in the ‘white collar’ business game ever seems to refer to anyone as “clients”. On a train/plane you are a passenger (unless you are flying...
A lawyer issued a legal notice to quit on behalf of his client. He posted it through registered AD and courier. Since he did not receive any AD card, h filed a complaint with the Post office .In the meantime, he sought for the proof of delivery from the courier company. He entrusted his clerk with t...
The judgment of the Supreme court in Sundaram Finance Ltd v. NEPC India Ltd., reported in (1999) 2 SCC 479 observed at para 12 thereof that though section 17 gives the arbitral tribunal the power to pass orders, the same cannot be enforced as orders of a court and it is for this reason only that Sec...
It is interesting to note that the constitutional validity of section 36 of the Industrial Disputes Act, 1947 was challenged before the Delhi High Court in the matter of The Cooperative Store Limited, New Delhi v. O.P.Dwivedi, P.O.Industrial Tribunal –II & Others, reported in 1988 1 LLJ 135.In ...
Section 36 (4) of the Industrial Disputes Act, 1947 mandates both the consent of the opposite party and the leave of the Tribunal will have to be secured to enable a party to seek representation before the Tribunal through a legal practitioner qua legal practitioner. This is a clear, significance of...
Section 36(4) of the Industrial Disputes Act, 1947 states that in any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribu...