This is a guest post by the very talented Siddhant Bajaj. First published on Livelaw at : https://www.livelaw.in/news-updates/can-an-arbitral-tribunal-pierce-the-corporate-veil-159015 The concept of legal personality is a classic innovation of the law, it is perhaps the most relevant example of legal fiction. From the mid 19th century, the jurisprudence surrounding companies as legal entities has taken quantum leaps. […]Read More CAN AN ARBITRAL TRIBUNAL PIERCE THE CORPORATE VEIL?
This post is not on ‘X’ law or ‘Y’, instead, it is on the method of it. As young judges/aspirants, over a lifetime of adjudication, you’d be faced with a myriad of different fact-situations and various laws to interpret. There, even if you don’t know the right answer, knowing the right method will keep you […]Read More The ‘Hypothetical Flood Case’ | A Test Case In Interpretation
Why an A to Z list of law/legal concepts/judgments etc.? As somebody wise said: A rear-view mirror is the best kind of crystal ball. Sometimes ‘looking back’ is ‘looking ahead’. Our choices and the effects we produce have their causes in the past; and, before this post degenerates into philosophical humdrum about interpretation of history […]Read More An A to Z guide to the new, time-less and important in law
The Art of Cross Examination in Commercial Arbitration “The best questions in a cross examination are – the questions never asked ” We’ve all grown up watching Perry Mason style cross examinations where, under the testing fires of a psychologically exhausting interrogation, the witness finally gives up his defence, throws his hands up in despair, […]Read More The Art of Cross Examination in Commercial Arbitration – the 20 things you must know…
Many a times parties to a contract find, much to their dismay, that, while their contract is broadly good and enforceable, some parts of their contracts are not legal and valid and, therefore, unenforceable. In such a situation, the question that arises is : Whether the taint attaches to the entire contract (and the entire […]Read More To sever or not to sever! Understanding the ‘Blue-Pencil Rule’ of Severability under Contract Law.
Stamping of agreements/deeds is governed by the Indian Stamp Act, 1899 (“the Stamp Act”). If the document is not sufficiently stamped, then by virtue of Section 35 of the Stamp Act there is a bar on ‘admitting’ such a document in evidence or acting upon it. Section 36 of the Stamp Act tells us that […]Read More Stamping of insufficiently stamped documents and procedure of impounding by Court
Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in evidence ?; How to prove electronically maintained Bank Statements ?; How to prove a Facebook, Twitter post, a WhatsApp message or an SMS ?; The […]Read More Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.
Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of Electronic Record. Section 65B of the Evidence Act Effect of use of Non Obstante Clause in S.65B(1); Conditions : Section […]Read More Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.
Supreme Court of India Makers Devt.Services P.Ltd. vs M. Visvesvaraya Indusl.Res.& … on 14 November, 2011 Suit for Specific Performance filed by Plaintiff – Pending Suit, Plaintiff sought for interim injunction restraining Defendant dealing with suit property and to permit Plaintiff to put up further construction – Interim relief to permit further construction sought by Plaintiff, if granted, […]Read More Grant of Mandatory Injunction – Factors