by Dr. Amit George When the Arbitration and Conciliation Act, 1996 was enacted, it set out to radically redefine the arbitration regime in India when compared to the archaic and outdated provisions of the Act it replaced, i.e. the Arbitration Act, 1940. However, while the 1996 Act was successful in alleviating a variety of the short-comings of the 1940 Act, there were certain areas where this success was elusive. One of these critical areas was the independence and impartiality provision concerning arbitrators enshrined in Section 12 of the 1996 Act. While Section 12 did establish a normative requirement for the […]

Our quest to understand why judges of the Supreme Court recuse from cases continues. As expected, we succeed in unravelling some, and leave the rest to the speculation of the readers. As in the previous edition of Recusal Watch, Justice Sanjay Kishan Kaul continues to top the list in this edition too. He recused from five cases out of the fourteen recusals tracked by us in Supreme Court last week. Here are the details: Justice Sanjay Kishan Kaul Centre for Public Interest Litigation v Union of India (CA 10660/2010) A Civil Appeal of 2010, it pertains to the monitoring of […]

Last week, the Karnataka High Court reserved its judgment in a batch of petitions challenging a 2014 amendment to the laws governing health warnings on the packaging of tobacco products. A Bench of Justices BS Patil and BV Nagarathna will decide the fate of more than fifty petitions filed by individuals and organisations from across the country. In this edition of #Debriefed, we go into the details of the challenge. What is the challenge against? In October 2014, the Ministry of Health and Family Welfare sought to amend the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008. The major […]

While courts in India have consistently been venturing towards becoming more progressive, there have been a few instances where they have clung to ghosts of patriarchy past. This often reflects though their judgments, some of which might be extremely difficult to place in the present day. Many a time, the courts have failed to take a victim-centric approach in cases relating to women. And in some of these cases, though the courts have delivered legally sound decisions, they have ended up making comments on women which, well, could have been avoided, to say the least. This Women’s Day, we look […]

Recusal of judges has been the talk of the town for some time now. The reasons for recusal of judges are  left to the litigant’s imagination more often than not. In fact, the dissenting opinion penned by Justice Kurian Joseph in the NJAC judgment called for greater transparency in recusals. Justice Joseph opined, “The litigants would always like to know though they may not have a prescribed right to know, as to why a Judge has recused from hearing the case or despite request, has not recused to hear his case. Reasons are required to be indicated broadly.”  A string of […]

An interesting news greeted me today morning – something which has been a subject of discussion in the Supreme Court and two prominent High Courts of the country for more than a year now. The news published by The Indian Express today states that the Central government has returned the files, relating to the transfer of Justice Valmiki Mehta of Delhi High Court and Justice MR Shah of Gujarat High Court, to the Supreme Court Collegium. The transfer or rather the reluctance of the Centre to transfer these two judges was a source of constant friction between the Central government and […]

When it comes to the confluence point of education and the Supreme Court of India, the National Eligibility cum Entrance Test (NEET) was one of the biggest highlights of the past year. And with good reason, given the stakes involved.  For 2017 also, the Supreme Court will have a fair share of education-related matters to deal with. In this edition of #SupremeCourtInsights, we bring to you some of the biggest education petitions that may be decided this year. 1. Modern Dental College and Research Centre v. State of Madhya Pradesh (Capitation Fees in Private Colleges) Case Number: CA 4060/2009 Last year, […]

By Dushyant Dave The first principle of natural justice consists of the rule against bias based on three maxims: First, ‘no man shall be a judge in his own cause’; second, ‘justice should not only be done but manifestly and undoubtedly be seen to be done’; and third, ‘judges, like Caesar’s wife, should be above suspicion’. The Supreme Court of India can truly take pride in taking judicial review of administrative actions to great heights. But do judges themselves follow the law they declare? The answer appears to be in the negative, as seen in Sahara Birla case decided on January 11, […]

By Debanjan Banerjee Background The law related to mergers came into force when the Ministry of Corporate Affairs notified the Companies (Compromise, Arrangement, and Amalgamation) Rules 2016 (Merger Rules) on December 14, 2016. In a month’s time, on January 13, 2017, an order was pronounced on behalf of the Division Bench by the honorable President of the NCLT, New Delhi. The significance of this order was that the prayer for dispensation of shareholders meeting relating to the scheme of merger, was disallowed. The anticipation that this newly set up structure of the tribunal system would usher in an era, where […]

The Supreme Court’s decision in the disproportionate assets case might have sent shockwaves throughout Tamil Nadu, but it seems there was an unexpected aftershock that is now garnering attention from various quarters. The 563 page judgment, penned by Justice Pinaki Chandra Ghose, provided a detailed account of the facts and figures associated with the two-decade long case, ultimately holding late Tamil Nadu Chief Minister Jayalalithaa and her aide Sasikala Natarajan guilty. But for those more poetically inclined, it is the brief afterword by Justice Amitava Roy that holds all the charm. As readers and scribes alike tried to make head […]