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Atiq murder: As Centre plans SOPs for journalists, a reality check on 2 state laws

Only Maharashtra and Chhattisgarh have laws to protect journalists, but there are concerns that they are barely effective.

Rajapur , Bihar , India , Chhattisgarh , Justice-aftab-alam , Eknath-shinde , Brijesh-singh , Shashikant-warishe , Atiq-ahmed , Jatin-desai , Patrakar-halla-virodhi-kruti , Geeta-seshu

In Anna Mathew, the Supreme Court Did Not Follow Its Own Precedents

In its reasons for rejecting on February 7, the petitions seeking ex parte injunction against the swearing-in of Justice L.C. Victoria Gowri as a Judge of the Madras High Court, the Supreme Court’s...

India , Madras , Tamil-nadu , Allahabad , Uttar-pradesh , Justice-gowri , Justice-aftab-alam , Satish-chandra , Justices-hkapadia , Anna-mathew , Justices-bsinha , Sanjiv-khannab-rgavai

Fading history of Novartis v Union of India

The 2013 landmark Supreme Court judgement offers critical lessons on the intent behind crucial aspects of India’s key patent law

Michigan , United-states , India , New-delhi , Delhi , Switzerland , Swiss , Justice-aftab-alam , Justice-alam , University-of-michigan , Novartis , University-of-south-florida

At Least 11 of 21 Former Judges Opposing Same Sex Marriage Are Not as Sanskari as They Seem

Do judges have any business quoting Bharatiya traditions when their allegiance is to the Constitution alone?

India , Bihar , Haryana , Jammu , Jammu-and-kashmir , New-delhi , Delhi , Ahmedabad , Gujarat , Sabarimala , Kerala , Madhya-pradesh

When Lawyers Judge Judges

Recently senior advocate Kapil Sibal, a legal luminary with five decades of standing in the Supreme Court, talked about the hopeless situation at the top

Godhra , Gujarat , India , Bombay , Maharashtra , Ayodhya , Uttar-pradesh , Aftab-alam , Shri-kapil-sibal , Nani-palkhivala , Justice-pd-desai , Justicev-ramaswami

'Are we losing all humanity?': Retired judges discuss UAPA, sedition and detention without evidence

'Are we losing all humanity?': Retired judges discuss UAPA, sedition and detention without evidence
"Are we losing our humanity?” questioned former Supreme court justice Deepak Gupta in a discussion on misuse of UAPA and Sedition laws, in context of the harsh provisions that do not allow release on bail.
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UPDATED: July 25, 2021 06:23 IST
Section 48(d) of the UAPA takes away the power of the superior courts to grant bail, said Justice Deepak Gupta (Image used for representation)
"Are we losing our humanity?” questioned former Supreme court justice Deepak Gupta in a discussion on misuse of UAPA and Sedition laws, in context of the harsh provisions that do not allow release on bail of persons even with serious medical condition.

Manipur , Uttar-pradesh , India , Patna , Bihar , Vikas-singh , Justice-deepak-gupta , Nambi-narayanan , Justice-gupta , Justice-madan-lokur , Justice-anjana-prakash , Deepak-gupta

Former Supreme Court judges raise concerns over misuse of UAPA

Former Supreme Court judges raise concerns over misuse of UAPA
thehindu.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thehindu.com Daily Mail and Mail on Sunday newspapers.

Manipur , Uttar-pradesh , India , Mumbai , Maharashtra , Justice-deepak-gupta , Justice-gupta , Justice-gopala-gowda , Justice-lokur , Justice-gowda , Justice-madanb-lokur , Justice-aftab-alam

A peek into ML Sharma's world of publicity interest litigation

A peek into ML Sharma's world of publicity interest litigation
indiatoday.in - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiatoday.in Daily Mail and Mail on Sunday newspapers.

Jammu , Jammu-and-kashmir , India , Delhi , Mumbai , Maharashtra , Allahabad , Uttar-pradesh , Justicedy-chandrachud , Ranjan-gogoi , Justice-aftab-alam , Manohar-lal-sharma

What's New With Novation? A Comment On Sanjiv Prakash v. Seema Kukreja & Ors

.
,
[1] recently held that the issue whether an agreement which contains an arbitration clause has or has not been novated, cannot be decided by the Courts at the Section 11 stage. The judgment is a step forward, since it clarifies the narrow scope of judicial intervention at the pre-reference stage.
Background Facts
The issue arose out of a Memorandum of Understanding executed between members of the Prakash family (i.e. the Appellant and the Respondents), who collectively held the entire share-holding of ANI Media Private Ltd. ("the Company"). The MoU
inter alia provided that in the event any members of the Prakash family were desirous of selling / bequeathing their shares, the same shall be offered to the Appellant. The MoU contained an arbitration clause, which provided for resolution of disputes by a sole arbitrator.

Delhi , India , Kishori-lal , Justice-aftab-alam , Hrishikesh-roy , Sanjiv-prakash , Vidya-drolia , Judgment-of-the-division-bench , Thomson-reuters , Durga-trading-corporation , Union-of-india , Delhi-high-court

Question Of Novation Of Contract Cannot Be Considered In A Petition Under Section 11 Arbitration Act: Supreme Court

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The Supreme Court observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition filed under Section 11 of the Arbitration and Conciliation Act.
Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties, the bench comprising
Justices RF Nariman, BR Gavai and Hrishikesh Roy said.
The Court was considering an appeal against dismissal of a petition under Section 11 of the Act filed before the High Court of Delhi. The High Court was of the view that the memorandum of understanding [which contained the arbitration clause] ceased to exist on and from the date of the Shareholders' Agreement which superseded the aforesaid MoU and novated the same.

Delhi , India , Seema-kukreja , Hrishikesh-roy , Justice-aftab-alam , Vidya-drolia , Supreme-court , Apex-court , Durga-trading-corporation , High-court , Shareholder-agreement , Contract-act