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 … Continue reading The Art of Writing Orders in Civil Cases
Civil Law
UNDERSTANDING EXHIBITION AND MARKING OF DOCUMENTS DURING EVIDENCE (GUEST POST)
[1] This is a guest post by Ms. Sonam Singh, an officer of the Delhi Judicial Services. This column was first published at Bar & Bench. It was the first day at work for a junior lawyer, at Tis Hazari Courts. His senior had asked him to go to the Court for a matter: His senior … Continue reading UNDERSTANDING EXHIBITION AND MARKING OF DOCUMENTS DURING EVIDENCE (GUEST POST)
JUDGMENTS WITHOUT TEARS | PART II | Satish Chander Ahuja vs. Sneha Ahuja (GUEST POST)
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 … Continue reading JUDGMENTS WITHOUT TEARS | PART II | Satish Chander Ahuja vs. Sneha Ahuja (GUEST POST)
Journey of a civil case. (from filing of plaint to execution) (Webinar)
A Masterclass on the journey of a civil case as it passes through various stages of litigation process. https://www.youtube.com/watch?v=lSkKNOtb1tg&t=943s https://www.youtube.com/watch?v=WAcZg8dfU3U&t=2524s
Can An Arbitral Tribunal Pierce Corporate Veil & pass an award against promoters/directors
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. … Continue reading Can An Arbitral Tribunal Pierce Corporate Veil & pass an award against promoters/directors
The ‘Hypothetical Flood Case’ | A Test Case In Interpretation
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 … Continue reading The ‘Hypothetical Flood Case’ | A Test Case In Interpretation
An A to Z guide to the new, time-less and important in law
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 … Continue reading An A to Z guide to the new, time-less and important in law
The Art of Cross Examination in Commercial Arbitration – the 20 things you must know…
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, … Continue reading The Art of Cross Examination in Commercial Arbitration – the 20 things you must know…
To sever or not to sever! Understanding the ‘Blue-Pencil Rule’ of Severability under Contract Law.
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 … Continue reading To sever or not to sever! Understanding the ‘Blue-Pencil Rule’ of Severability under Contract Law.
Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.
Case Note on : Vimla Devi v. Pushpa Devi and Anr- 2017 SCC OnLine Del 8694 In this case, Hon’ble High Court of Delhi had the occasion of examining the above question. The facts of the case lie in a very narrow conspectus: Plaintiff’s case Conventional (purported) sale documents The Plaintiff/Appellant claimed that she was the … Continue reading Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.