Saturday, September 30, 2017

Novation of Agreement & Change of Ownership while Vessel is under Arrest [M.V. Nikolaos-S]

Arrest of Vessel - Ship IndiaCertain fundamental principles of maritime law in India were re-visited by the Hon’ble Supreme Court in its Judgment dated 14th September 2017 in Chrisomar Corp. v. MJR Steels Pvt. Ltd. [Civil Appeal No. 1930 of 2008], which can be found here. It is pertinent to note that at the time of passing of the Judgment the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 20117 passed by Parliament had not come into force.
Brief Facts:
Without going into the   detailed dates of events, the relevant facts leading to filing of the Civil Appeal are as follows:

Thursday, June 29, 2017

Is UAE a reciprocating country u/s 44A of Code of Civil Procedure?

A lot of online articles and blog posts mention ‘United Arab Emirates’ as one of the ‘reciprocating countries’ under section 44A of the Code of Civil Procedure,1908 (“CPC”). However, there is a cleavage of opinion among legal experts on this issue.
There is no dispute regarding the other ten countries, viz. United Kingdom, Aden, Fiji, Republic of Singapore, Federation of Malaya, Trinidad and Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua and New Guinea and Bangladesh, being reciprocating countries.

Friday, June 2, 2017

Homecoming of Terror - Review

You must be wondering what a review of an episode of House of Cards is doing on a legal blog like this one. Well, like everyone else, I too am an ‘Underwood nuts’ and would be remiss in my duties as a lawyer if I didn’t give my fellow lawyers who are buried under tons of paperwork a brief review of the premier episode of Season 5.

Sunday, January 15, 2017

Freedom of Speech and Expression

The below article is written by Nirali Parekh.
Also, read A Clipped Bird.
 Freedom of speech and expression is a fundamental right guaranteed to all the citizens residing within the territory of India[1] .It enables and gives opportunity to all  the  citizens to put forth and express their thoughts and opinions, playing an essential role in enhancing the growth and development of the country.

Wednesday, August 31, 2016

Succession Certificates: Why Everything People Know about Them is Probably Wrong & Why that May be a Good Thing

We all know what succession certificates are, or at least we think we do. The words ‘succession certificate’ brings to mind a document in nature of probate or letters of administration. Therefore, on the death of a member of a co-operative housing society, the society will usually require legal heirs to obtain a succession certificate, before entering their names as members of the society. Even statutory bodies like MIDC or CIDCO also follow the same practice. Even companies at the time of transmission of shares request legal heirs to produce a succession certificate before entering their names in the company’s register.

Monday, May 30, 2016

Annihilation of Caste: The Best Solution? (Part - II)

(This is the second part of a two-part article. First part can be found here.)
Relevance in Modern Times
Caste Untouchability India ConstitutionDr. Ambedkar refers to caste as an “anti-social spirit” i.e.  the “spirit of protecting its own interests.” Although the Constitution of India itself does not provide a definition of ‘caste’ there are just under a hundred references to it in the Constitution. The Constitution uses the term caste in two senses. Firstly, it is used in the term “Scheduled Caste,” usually along with ‘Scheduled Tribes‘, ‘weaker sections,‘ or ‘backward classes'. In this sense, caste consists of several groups and tribe. It includes those who endured social or economical discrimination at for centuries. These groups or tribes are those for whom certain special provisions of representation were made due to inter alia inadequate representation during British administration and to make up for  past social, economical and political inequalities as well. Secondly, the Consititution uses caste in articles prohibiting “discrimination on grounds of religion, race, caste, sex” and also, ‘class,’ ‘place of birth,’ ‘language,’ ‘descent,’ and ‘residence.’ In the first sense, caste is a curative measure to make up for historical inequalities. In second sense, seeks to bring about equality in society, with its focus on present and future scenarios, irrespective of the historical inequalities. However, in both senses, the word ‘caste’ functions, as an anti-social spirit protecting its own interests.

Monday, May 23, 2016

Annihilation of Caste: The Best Solution? (Part - I)

(This is the first part of a two-part article. Second part will be coming soon.)
“...Turn in any direction you like, caste is the monster that crosses your path. You cannot have political reform, you cannot have economic reform, unless you kill this monster.”
-         Dr. B.R. Ambedkar

Introduction
Annihilation of Caste AmbedkarSome of the profound issues of caste discrimination were raised for the first time by Dr. Ambedkar in his undelivered presidential speech “Annihilation of Caste”. The speech was prepared for the annual conference of the Jat-Pat Todak Mandal, a society for abolition of caste system, at Lahore. Prior to the date of the conference, Dr. Ambedkar wrote the speech and sent it to the anti-caste organization to enable them to print and distribute the same. The Mandal insisted on deletion of some passages of the speech, however, Dr. Ambedker declared that he "would not alter a comma”. The conference was withdrawn owing to the “unbearable” views expressed in the speechIn May 1936 Dr. Ambedkar self-published and distributed 1,500 copies of the text. The second edition includes a preface; a prologue, including the correspondence between him and the Mandal; and two appendices, which includes Mahatma Gandhi's review, “A Vindication of Caste” and Dr. Ambedkar's reply to Mahatma Gandhi.

Wednesday, May 11, 2016

Critical Review of the Lokpal and Lokayuktha Bill, 2011

Corruption is a malevolent practice that has to be dealt with very strictly, but  India is one of the most corrupt nations on the globe. Corruption has been a part of the society since the beginning. The fundamental idea of lokpal is borrowed from ombudsman, which has proved to be very effective in keeping a check against corruption.

The Lokpal and Lokayuktas Act is perhaps the main enactment ever, which has been so broadly talked about, both inside and outside Parliament. Thus, generated so much awareness in the public regarding the need to have an effective organization of Lokpal to handle corruption. However, the act passed hitherto is verbose, loaded with negatives and has various cross references.

Monday, April 18, 2016

Buy Back of Shares by Private or Unlisted Company

The provisions relating to buy-back of securities, under the Companies Act 2013 namely sections 68 to 70, which have been notified, have now repealed the provisions relating Companies Act, 1956.

Points to be noted:
1. A company may buy-back its own shares or other specified securities out of—
             (i) its free reserves; or
             (ii) the securities premium account; or
            (iii) the proceeds of any shares or other specified securities:

Thursday, April 14, 2016

Scope of Re-examination under Indian Evidence Act

Witness cross re-examination to kill a mocking birdWith increasing trend of appointment of Court commissioners to overlook witness examinations, lawyers are required to be more vigilant during depositions. Earlier, if any question beyond the scope of re-examination was put to a witness, the Judge would generally not permit such question to be asked, notwithstanding a lack of objection from the opposing party. While reading a commissioner’s report, such a fact may not strike the Judge at all. If an objection to the question by the opposing party has not reflected in the report, rejecting such portion of the deposition may slip the Judge’s mind entirely and that portion of the evidence may remain on record till the proceedings are disposed of. Thus, it is essential to properly understand the scope of re-examination of witness.