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Article By Snigdha Roy,University Of Dhaka Prospects of Seat theory or Localization: The traditional Seat theory equates to Lex Arbitri and Lex Loci Arbitri. It has given a strong assumption that arbitration shall be governed by the law of the seat of the arbitration without giving the choice of law to the parties or Tribunal.[1] The reasoning behind this traditional approach is quite complicated. The seat of arbitration plays a significant role… Read More

The State Government of Odisha has approached the apex court for initiating contempt proceedings against the State of Andhra Pradesh. The proceedings are the consequence of a border dispute. The former has alleged the latter of violating the existing state of affairs by taking over certain villages belonging to itself as agreed upon between the two, more than 50 years ago. The advocate presenting the case before the Chief Justice termed it… Read More

The Apex Court on Tuesday dismissed a plea challenging the colonial law of Sedition provided under S. 124-A of the Indian Penal Code. A group of advocates was heard by a 3 judge bench presided by Chief Justice of India, SA Bobde. The provision reads as follows: S. 124A. Sedition.- Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into… Read More

Appeal No. 205 of 2010 Facts Of The Case There was an ad published by the petitioner (Delhi Development Authority/DDA) under the Expandable Housing Scheme in 1996. The respondent (DC Sharma) paid a sum of Rs. 15,000 according to the terms and conditions of the scheme as published by the petitioner. The respondent was allotted a flat in Narela, Delhi, and was communicated through a letter. All the details of the flat… Read More

[Cr. Rev.No. 1081 of 2013] Recently the High Court of Jharkhand in the present case held that the 2018 Judgment of SCon quashing of adultery which was punishable under IPC to have a retrospective application. The Court in the present petition set aside the order of the conviction. The court making such an order laid an emphasis on the Judgment passed in the case of Major General AS Gauraya and ANs v…. Read More

On 12 October, 1993 The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act (PHRA), 1993. It is constituted to proactively promote and protect human rights in India. Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India…. Read More

Civil Appeal no. 1879 of 2003 Facts: The respondent (Ashok Works Pvt Ltd) applied to the appellant (Karnataka Power Transmission Corporation or KPTC) for the supply of electricity. The KPTC failed to comply and the respondent filed a complaint with Karnataka high court. Later agreeing to the court order the respondent paid extra monetary demand but the KPTC failed to supply the electricity. The respondent filed a consumer complaint claiming damages but… Read More

Insider trading means possession and misuse of unpublished price sensitive information (UPSI) relating to the securities of the listed companies by the privileged few for their personal gains before the information is published and comes to the notice of investors. Possession of such vital information places them in a position advantageous to them compared to the others in the share market while evaluating the risks involved in the investment. Thereby for the… Read More

Conditional release of a person accused of a crime pledged for the appearance in court on a due date is known as bail. There are three kinds of bail in India. Regular bail, interim bail and lastly anticipatory bail. Regular bail is when a person accused is in police custody after which bail is applied for under section 437 and 439 of the Criminal Procedure Code (CrPC). Interim Bail is granted for… Read More

Special Leave Petition (C) Nos. 3584-85 of 2020  Facts of the case A dispute arose between the petitioner (North Eastern Electric Power Corporation Ltd.) and the respondent (Patel Engineering Ltd.) regarding a works contract in three packages and each package contained a separate arbitration clause and three arbitration awards were awarded in the disputed case. The respondent, in this case, filed three applications challenging the three arbitral awards awarded under Section 34… Read More