Judicial precedents play a crucial role in shaping legal principles and ensuring consistency in the application of the law. However, there are instances where two Supreme Court judgments appear to contradict each other, creating a complex situation for… Read more »
“Opposition in a democratic House is a great necessity. It is an indispensable condition of all democratic institutions. We propose to all ourselves, and we propose to make our country, a 'democratic, sovereign republic'. If we cannot ensure… Read more »
He who signs a dishonored cheque bears the consequences— a principle well-established by law and affirmed across several precedents. Determining the liability of a signatory is straightforward when the drawer is an individual. But what happens when a… Read more »
- Yogitha Jammula1 An arbitration agreement is the lifeblood of arbitration. Whether it takes the form of a standalone document or a clause embedded within a contract, the existence of an arbitration agreement is a fundamental prerequisite for… Read more »
Ajay Madhusudan Patel & Ors. v. Jyotrindra S. Patel & Ors. 1 (On Factors that Signify Intention of Non-Signatory to be bound by the Arbitration Agreement - Yogitha Jammula2 The Hon’ble Supreme Court in Ajay Madhusudan Patel3 while… Read more »
The Arbitration landscape in India is on the brink of transformation with the new draft bill of the Arbitration Act proposing to introduce significant amendments. By introducing strict timelines, establishing a robust framework for institutional arbitration and limiting… Read more »
Noting persistent delays in execution proceedings, the Hon’ble Supreme Court in Periyammal (Dead) Though LRs & Ors. v. V. Rajamani & Anr. Etc1. reaffirmed mandatory guidelines established in Rahul S. Shah v. Jinendra Kumar Gandhi2 for conducting executing… Read more »
Mere existence of a question of fact has long been considered an obstacle to Court’s jurisdiction under Article 226 of the Constitution—a stance reinforced through numerous precedents1 pronounced by the Apex Court and consistently upheld by the High… Read more »
