Resolving The Unresolved: A Transformative Approach Inviting India’s Focus To Mediation

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” ­– Joseph Grynbaum The Ministry of Law and Justice on November 5th 2021 released the Draft Mediation Bill, 2021[1] (”Bill”) and invited public comments and consultation. The Draft Bill lays down several objectives including promotion, encouragement and facilitation of mediation […]

Applicability Of Moratorium On Section 138/141 Proceedings – Resolved

The interesting question that evokes a great response and elicits a surge of reactions in terms of different interpretations and elucidations is that whether a moratorium granted under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) applies to Section 138/141 proceedings under the Negotiable Instruments Act, 1881 (NI Act). This has remarkably been […]

“Violation Of Principles Of Natural Justice By Insurers”

Principles of Natural Justice: It’s Violation by Insurers and it’s Significance in the Justice System As per the traditional common law, the principles of natural justice can be narrowed down to two Latin maxims: Nemo debet esse judex in propria causa (i.e. ‘no one should be made a judge in his own cause’ which is […]

“High Court Cannot Allow a Second Appeal, Without Discussing the Question of Law”

“Question of Law”: What constitutes to a substantial question of law and the significance it holds The Supreme Court of India recently dealt with an important subject in an appeal filed against the judgment of the Madras High Court, whereby the Court had overturned the decision of the First Appellate Court, declining the Respondent’s claim […]

Alternate Modes Of Service For A Demand Notice Against A Dishonoured Cheque

Demand Notice For Dishonoured Cheques: All the Valid Modes of Service While COVID-19 rages and ravages in the outdoors, there is also a great deal of turbulence indoors with the restricted functioning of courts, a necessary evil in such tumultuous times. However, to mitigate the adverse effects of the closure of courts, the Hon’ble Supreme […]

Free Speech vs Contempt of Court, An Analysis in Light of the Prashant Bhushan Case

The Prashant Bhushan Contempt of Court Case – Where Does the Ambit of Free Speech End? “What is freedom of expression? Without the freedom to offend, it ceases to exist” – Salman Rushdie What does freedom of speech mean especially in a diverse country like India? Well, by definition, Article 19(1)(a) of the Constitution of […]

A New Court to Conduct De Novo Trial Under Order VII Rule 10 & 10A of CPC: SC

“De Novo Trial Under Order VII Rule 10 & 10A Must be Conducted by a New Court”: Supreme Court The Hon’ble Supreme Court bench comprising of Justice R.F. Nariman, Justice Navin Sinha and Justice Indira Banerjee while hearing a civil appeal in the matter of M/s. EXL Careers And Another Vs. Frankfinn Aviation Services Private […]