Sep 01

Mediation Surges Ahead in India

It is 5 p.m. in the evening and the day is a Monday. All the Courts in Delhi High Court have risen for the day. Yet there is a part of the building which is abuzz with activity. Litigants big and small, male and female are all gathered there and awaiting their chance to be taking to their opponents. The barrier of silence between the parties has broken down. There are no advocates to advise them regarding how good their case is, (which was happening for the last fifteen years or so). Today they will appear before a neutral Advocate who does not know either of the parties. He will only help them reach a solution. Their advocates will remain present but,  Continue reading

Sep 01

Sports & Law

Sports have today increasingly become more and more a part of everyday life, for millions of people all over the World, be it in terms of participation, performance, sponsorships or viewer ship. Staging of major, international and national events has taken sports governing bodies into the realm of big business and financial management leading to the large scale commercialization of sport and its ultimate transformation from an essentially recreational activity into an activity which is capable of providing livelihood and a means of income to those involved, at various stages. Therefore, if there has to be order and decorum in the sports world, there is an urgent and emerging need to foster a greater understanding amongst all concerned, of the requirements and constraints of the law, relating to sport.

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Sep 01

Recovery of Liquidated Damages – Scope of Reduction by Arbitrators

In order to ensure due performance of certain obligations in the Contract, often provisions for payment of a fixed sum of money, which is known as the L.D., or the Liquidated Damages Clause is specified in the contract. The main objective is to act as an inducement for due performance of a particular contractual obligation or to regulate before hand, in an agreed or in a certain manner, the rights of the parties rather than to lead them to the less predictable remedies otherwise available. The most common provision is to state in round figures what payments are to be made or what the damages are in a certain event. These are classical liquidated damage provisions, which are most commonly found in breach of contracts in relation to contractor’s obligation to complete the work within the specified time.

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Sep 01

Judicial Review of Tender Process: Impact on National Development

In late 1959, the late professor Stanley de smith, in the first edition of his locus classicus, judicial review of administrative action stated that:-

“In the broad context of the administrative process, the role of judicial institutions is inevitably sporadic and peripheral”

In 1995, the editors of the Vth edition of the work claimed that:

“…. the effect of judicial review on the practical exercise of power has now become constant and central”

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Sep 01

Alternate Dispute Resolution for better Administration of Justice

If one visits the Delhi High Court on any working day after 4:30 p.m. a part of the High Court building after Court hours is buzzing with activity. This is the Delhi High Court Mediation Centre. It works upto 9 p.m. Last Year number of cases referred for Mediation to the Mediation Centre were 4435 and the number of cases which got resolved were 4220. In the same complex there now exists the Delhi High Court Arbitration Centre. These are very recent developments, which have been created to expedite the Justice Delivery System. Not only in Delhi but a similar situation exists in other parts of the Country as well. Every District in a State and the High Court has a mediation Centre. Continue reading

Sep 01

Interview – LawZ magazine

INTERVIEW

Rajiv Dutta is one of the eminent Senior lawyers of the Supreme Court of India. He joined the Supreme Court Bar Association in 1976 and since then has been active with the bar activities. He was selected as the vice president of the SCBA in the year 1996. He was designated as a senior counsel by the Supreme Court in the year 2000. But success has not come to him easy. Rajiv Dutta shares his experience with our lawz team.

 

I was motivated by my senior Sh. S N Kakkar.

I am the first generation lawyer in the family. My father was in the police and many other members in the family were in forces.

I never wanted to get into law. I did my LLB so that I could take law as a subject for my civil services examination. Continue reading

Sep 01

PERSPECTIVE – Witness law Magazine

PERSPECTIVE

According to me, even at the time of the appointment of an arbitrator the courts go into the integrity of the entire matter. What was the conduct? What dispute has arisen between the parties? Whether there is any dispute between the parties. The parties also challenge the jurisdiction of the arbitral tribunal in courts when there is a specific provision in the Act, that you can challenge the arbitrator’s jurisdiction before the arbitrator. The courts must try and stay away from interfering in the arbitration procedure as this is the best approach and will help in the long run. It would also be a wise step for us to have two sets of enactments for domestic and international arbitration matters, respectively

Sep 01

Call for a Settlement Culture

Change of Mindset- Chief Justice of India and his companion Judges

India is a vibrating Democracy. It has a very responsible and trustworthy judicial system. But for a country of over nearly a Billion people, the judicial system which is in place today is full to the brim. It was therefore necessary that suitable changes were brought about which would help the citizen to get justice, outside the normal Judicial forums.  Continue reading

Sep 01

Challenges to Criminal Legal System during Internal Conflicts

Bane hain ahle-e-hawas muddai bhi

munsif bhi

kise vakeel karein kis se munsifi chaahen..

…….Faiz Ahmed Faiz.

This is our present day dilemma.

More on this later.

What is the biggest challenge to any criminal legal system during an internal conflict.

In my opinion it is best put by none other than Ms. Asma Jhangir, the President of Supreme Court Bar Association of Pakistan, when while opposing calling the Army to control a conflicting situation in Karachi recently on 24th of August, 2011. She reportedly said and I quote from the Report:-  Continue reading

Sep 01

The IPL Controversy & related legal issues

Supreme Court of India in the case of Zee Telefilms Ltd. Versus Union of India (2005) 4 SCC 649 had this to say regarding what cricket means to India and I quote:-

“178. we have laid down the tests aforesaid and the approach which needs to be adopted in determining the issue as to whether the Board is a State or not. Before we embark on this enquiry, it would be necessary to keep in mind as to what cricket means to the citizens of this country.

179. Cricket in India is the most popular game. When India plays in international fora, it attracts the attention of millions of people. The win or loss of the game brings ‘joy’ or ‘sorrow’ to them. To some lovers of the game, it is a passion, to a lot more it is an obsession, nay a craze. For a large number of viewers, it is not enthusiasm alone but involvement.”

Good Evening Mumbai ! – Hollered an unusually boisterous Sharad Pawar to the to the loud cheers of the 50,000 strong captive audience;

‘I am extremely proud that whatever we have seen over the last forty four days’ is a product of India. Today’s final match Continue reading