INDIAN YOUNG LAWYERS ASSOCIATION V. THE STATE OF KERALA Author: Sankalpita Pal Case Details Court Name- Supreme Court of India Citation- (2019) 11 SCC 1; 2018 (8) SCJ 609 Decided On- 28.09.2018 Hon’ble Judges/Coram- JusticesDipak Misra, A.M. Khanwilkar, Rohinton Fali Nariman, Dr. D.Y. Chandrachud and Indu Malhotra. Fact Matrix Backdrop of Sabarimala Temple Sabarimala Temple is
INFORMATION TO THE POLICE AND THE POWER TO INVESTIGATE (SECTION 154-176 OF CrPC) Sankalpita Pal Introduction In common parlance, investigation and inquiry are used interchangeably. However, the Code of Criminal procedure, 1973 (hereinafter known as CrPC or the Code) treats these two words quite differently. The information of either a cognizable offence or a non-cognizable
IMPORTANCE OF UNIDROIT PRINCIPLES IN INTERNATIONAL COMMERCIAL CONTRACT LAW Author: Sankalpita Pal Introduction The Principles of International Commercial Contracts 2016 also known as PICC in short is currently in its 4th edition. These sets of principles govern International commercial contracts. They were drafted by an inter-governmental organization known as UNIDROIT. It stands for the International
DOCTRINE OF PRIORITY UNDER TRANSFER OF PROPERTY ACT, 1882 Author: Sankalpita Pal Introduction The doctrine of Priority is an interesting concept that has been statutorily implemented in the Transfer of Property Act, 1882(hereinafter referred to as TPA) under Section 48. This article will deal with how the conflicting rights created over a particular property can
ANALYSIS OF INJUNCTION UNDER SPECIAL RELIEF ACT, 1963 Author: Sankalpita Pal, Symbiosis Law School, Pune Introduction An injunction is an equitable remedy given by courts of justice that requires a party to do, or to refrain from doing, certain acts. A failure to comply with injunction results in either criminal or civil penalties in the
JUDICIAL INTERVENTION IN ARBITRATION LAW IN INDIA Author: Sankalpita Pal Introduction The evolution of arbitration law in India has a long-running history. Modern Arbitration was first introduced during British India in 1772 through the Bengal Regulations. However, the eventually Arbitration and Conciliation Act, 1996 came into being. In the initial stage, when a dispute arises
ARBITRAL AWARD AND TERMINATION OF ARBITRAL PROCEEDING Author: Sankalpita Pal Introduction This topic is wholly dealt with in CHAPTER VI of the Arbitration and Conciliation Act, 1996. Sections 28 to 33 wholly deal with “making of arbitral award and termination of proceedings” under this Chapter. This article will not only explain the important bare provisions
