This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by plaintiff where he claims injunction in the connected miscellaneous file through an…
Every trial is a voyage of discovery in which truth is the ultimate quest. A guest post by Ambanshu Sahni, Advocate practising at the Punjab & Haryana High Court and the Supreme Court. First published at https://lawsofindiaexplained.blogspot.com Indian Judicial system is facing a humongous problem of backlog of cases. The pendency of cases results in delays…
The Certificate u/s 65B is not required to be on an affidavit. Though normally to be filed along with the electronic record (print-out, USB drive, etc), it can be filed subsequently too, either as a supplementary chargesheet, or by resort to S.311/391 of the CrPC. In Civil cases, the certificate can be brought on record subsequently by relying upon…
First published on LiveLaw The Journey of a civil case isn’t a straight road where you start from a particular point and reach your final destination, without any interruptions. Rather a civil case is like one of those tedious Haryana Roadway’s bus journeys – with multiple halts – before it reaches its final destination. A…
This is the second in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. A guest post by my dear friend and super talented Vishal Vyas. Let me try unpacking Satish Chander Ahuja vs. Sneha Ahuja delivered on 15.10.2020. A 151 page judgment but a well-reasoned judgment under…
This is a guest post by the very talented Siddhant Bajaj[1]. 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.…
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…
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…
The Art of Cross Examination in Commercial Arbitration[1] “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,…
Bharat Chugh 