Namit Oberoy The Bombay High Court’s recent decision in Kochi Cricket v. BCCI (see judgment below below) dwells on the so far unsettled question on the applicability of the Arbitration (Amendment) Act to post-award proceedings pending before the Courts. Especially in view of the procedural amendment in Section 36 of the Act, it has been uncertain which law applies to proceedings pending as on the date of the amendments. The conflicting viewpoints form the subject of this discussion, and are analysed through the course of this write-up. Background Three separate arbitral awards were passed in respect of arbitrations between (I) RSW […]

Till recently, animal rights jurisprudence in India was largely limited to a few Directive principles in the Constitution and Prevention of Cruelty to Animal Act, 1960. However, the 2014 judgment of the Supreme Court in Animal Welfare Board of India v. A Nagaraja was a watershed moment as it delved into animal rights jurisprudence like never before. The judgment also resulted in a spurt in litigation in Supreme Court surrounding animal rights. The growing presence and work of various NGOs in the country have also given an impetus to rights of animals. The Supreme Court of India is seeing a lot of litigation […]

That there exists some amount of friction between the Indian judiciary and the Indian legislature is far too evident. Dissatisfaction, always dangerous to simmer, burst out just over a week ago when the Chief Justice of India, TS Thakur, declared in open court that the government was not implementing the collegium’s recommendations with respect to appointments and transfers. But what made the CJI’s outburst unprecedented was the fact that he took the names of two, sitting High Court judges to elaborate his point. In fact, on that very day, CJI Thakur had also said that the Central government was sitting […]

A lawyer by education, and a fashionista by choice, Shreya Kalra redefines the limits of what an education helps you accomplish. Money, fame, name? Sure, but for the truly fortunate, an education helps overcome their fears to discover their true calling. Graduating from the School of Law at Christ University in Bangalore (with an interest in human rights law), Kalra is behind the For the Love of Fashion and Other Things blog, and has been featured in Cosmopolitan and Elle India.  In this e-mail interview with Bar & Bench’s Vasudha Misra, Kalra talks about her journey from law student to an expert in haute couture. Vasudha Misra: Tell […]

Justice Fakkir Mohamed Ibrahim Kalifulla was elevated as a judge of the Supreme Court of India on April 2, 2012. His tenure lasted around four years, or 1572 days, before his retirement on July 22 of this year, the latest retiree from the apex court. The son of former Madras High Court judge Justice Fakkir Mohamed, Justice Kalifulla enrolled as an advocate in 1975. He worked as a Partner at Chennai law firm TS Gopalan & Co, and appeared for a number of PSUs and banks. He was elevated as a judge of the Madras High Court in 2000. From there, […]

Earlier this month, a national conference on cyber security- (Cyberix 2016) was held under aegis of PHD Chamber of Commerce and Industry. At the conference, RK Sudhanshu, joint secretary cyber laws and e-security, announced that India will be overhauling the existing cyber law framework to bring in new encryption and privacy policies. India is not an exception. With governments worldwide rushing to regulate encryption services– primarily because of the sudden proliferation in criminal activities over the internet- the need for a robust cybersecurity framework has never been more critical. Use of technology for terror attacks in India From Mumbai to Pathankot, the use of […]

By Sumit Agrawal This week, the Supreme Court of India passed a significant order, which is going to have an effect on the numerous proceedings pending before the Securities Appellate Tribunal as well as at SEBI. Background This case pertains to irregularities in various Initial Public Offerings (IPOs) (Commonly known as “Roopalben Panchal Scam” or “Demat Scam”). In the larger scheme of things, it was found by SEBI that a large number of multiple demat accounts with common addresses were opened by a few entities. These multiple demat accounts, which were benami, non-existent or even in some cases, fictitious (using […]

The end of this month will mark two years as Chief Justice of the Madras High Court for Sanjay Kishan Kaul J. And it has been far from smooth sailing for the former Chief Justice of the Punjab & Haryana High Court. During his tenure, Justice Kaul has, on multiple occasions, found himself on the receiving end of protesting members of the Bar. The methods by which they have expressed their dissent are reprehensible to say the least. The worst of these occurred just this week, when a section of lawyers protesting against the newly notified disciplinary rules of the […]

In just over three weeks, the CBSE will conduct Phase II of the National Eligibility cum Entrance Test or NEET, as is popularly known. It has been a long tumultuous journey for the country’s medical entrance test, one which started more half a decade ago. On December 21, 2010 the NEET was first notified by the Medical Council of India. Through two MCI notifications, amendments were made to the “Regulations on Graduate Medical Education, 1997” and “Post Graduate Medical Education Regulations, 2000”. These notifications were landmark in more ways than one way- they introduced a single window entrance for admission […]

Nikhil Narayanan of Khaitan & Co Introduction The United Kingdom has voted to leave the European Union (EU) in its recent referendum on continued EU membership (Brexit). This has significant implications for trade between India and the UK as well as for Indian businesses with operations located in the UK. The immediate market shock is still being felt, but in this briefing note, we assess the emerging considerations for Indian businesses with exposure to the UK and the EU. Key emerging thoughts   Economic and market consequences: The market is still absorbing the news and there is the immediate currency […]