A trade union official told an employer his members would not work alongside the claimants. The employer was pressured to get rid of the claimants. For the loss of work, the claimants sued the trade union official. An important fact is that all the workers in the case were only hired day by day. The...
Analysis
by Abhijeet Singh Rawaley Background In Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr. , a division bench of the Supreme Court of India, comprising Justices A. K. Goel and U. U. Lalit, was asked “ whether any directions… [were] called for to prevent the misuse of Section 498A, IPC ....
Sumitomo v ONGC (04.12.1997: Supreme Court of India) was a pre-1996 Act case which laid down the law on the law governing challenge to arbitral awards. The case really reflects the debate in international commercial arbitration as to the law which governs challenge to arbitral awards. Some theorists...
On 14.07.2017, a two-judge Bench of the High Court of Madras passed a judgement in the case of Raj TV v Thaicom (OSA No. 113/2017 & CMP 7665/2017)(MANU/TN/2117/2017). The judgement deals with choice of law in international arbitration and is an important reason why commercial Benches are to be ...
(NLSIR Announcement is below) The National Law School of India Review Submission Guidelines About NLSIR The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue – Volume 30(1). The NLSIR is the flagship law review of the National Law School of India Univers...
Doubts are often expressed by Principal Employers on their liability vis-a-vis the Contract Labourers engaged in the Principal Employer’s Establishment through Contractors. Strictly speaking, for the purposes of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 , the term “Est...
On the 6th of July, the Supreme Court passed a judgement in the case of Alka Chandewar v. Shamshul Ishrar Khan [Civil Appeal No. 8720/2017]. The Civil Appeal arose against a judgement of the Bombay High Court where the High Court construed Section 27(5) to state that teh said provision did not “empo...
Recently, newspapers reported that certain power producers proposed to sell large amount of their stake in the Ultra Mega Power Projects. The proposal to sell their stakes is a direct outcome of the recent decision of the Supreme Court of India in Energy Watchdog & Ors. v. Central Electricity R...
by Saniya Mirani The Indian judiciary resorts to two types of aids in interpreting a statute – internal and external aids to interpretation. Internal aids include the preamble, marginal notes, and headings of the relevant statute, etc., while external aids include legislative history, and surroundin...
In a recent paper presented at the Conference on Dispute Management in Infrastructure Projects: New Challenges, May 19-20, 2017, Vigyan Bhawan, New Delhi, this blawgger argues that even after the 2015 amendments, there has not been a marked change in the way in which courts award costs in arbitratio...
Readers would be well aware of the recent massive protests in Tamil Nadu regarding the banning of Jallikattu and the subsequent events consequential to the protests, such as the promulgation of the Ordinance allowing Jallikattu and the Tamil Nadu Legislative Assembly passing of a Bill replacing the ...
Christopher R Drahozal has come up with a paper titled “Empirical Findings on International Arbitration: An Overview ”. For those uninitiated, Drahozal has been writing a lot about empirical analysis in International Arbitration, including especially the book he co-edited with Richard W. Naimark tit...
In the absence of any limitation period prescribed in the statute, a reasonable period should be applicable for proceedings against non-deduction of tax for payments made to non-residents. Considering that the limitation period prescribed under s. 201(3) of the ITA was not brought about by way of a ...
A recently published paper of this blawgger deals with failures in law making with focus on arbitration law in India. The abstract is provided below: The Statement of Objects and Reasons to the Arbitration & Conciliation (Amendment) Bill, 2015 placed substantial blame on the judiciary for the d...
India and Cyprus sign revised agreement for avoidance of double taxation with Cyprus. As per the revised agreement, India shall have the right to tax capital gains arising from the transfer of investments made on or after April 01, 2017. Investments made before April 01, 2017 have been grandfathered...
Conflict of interest illustrations in the V th Schedule provide examples of situations that must be disclosed by an arbitrator. Such situations do not amount to disqualification unless there actually exist justifiable doubts as to independence and impartiality of the arbitrator concerned. Conflict o...
Readers would be aware of the two-Judge Bench of the Supreme Court in Centrotrade (2006) 11 SCC 245:2006(3) Arb LR 201 (SC).) where SB Sinha, J. held a two-tiered tribunal invalid when the first tier was Indian and the second tier was foreign while Tarun Chatterjee, J. disagreed with him. Due to the...
SEBI has been expressing its concerns over certain agreements entered into between private equity funds (“PE investors”) and employees of listed companies (“Listed Companies”) for incentivizing/boosting the performance of the employee, including key managerial personnel (KMPs), director or promoter ...
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. Raffles Design Intl. India Pvt. Ltd v. Educomp Professional Education (Del HC: Oct. 2016...
Every disruption creates opportunities. The demonetization also offers us an opportunity to leap frog from the millennia-old physical world of currency to the emergent digital world. Digital currencies come in various forms, each offering different benefits and challenges. Swift actions by the India...