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