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Unilateral Appointment of Arbitrators - An issue which has significantly impacted resolution through Arbitration Mechanism

Introduction Alternate Dispute Resolution Mechanisms (herein referred to as "ADR mechanisms") have significantly impacted and improved the Indian dispute resolution system in last few decades. One of the key successful ADR mechanisms evolved over a period of time is the Arbitration mechanism. Presently this law is governed in India by means of ARBITRATION AND CONCILIATION ACT, 1996(herein referred to as "A&C Act, 1996".   Evolvement of Arbitration Law in India Before the enactment of A&C Act 1996, the law of arbitration in India was substantially governed by three enactments i.e., the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961.   In order to sustain the economic reforms and other policy changes, the need for a consolidated and amended law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards was felt wh...

Nirmala vs Government of NCT Delhi | case brief/case summary/ case in short | 170 (2010) Delhi Law Times 577 (DB)

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  Sections Involved: Section 50 of Delhi Land Reforms Act: General 50. Subject to the provisions of section 48 and 52. order of when a Bhumidhar or Asami being a male dies, his interest in his holding shall devolve in accordance ~4th the order from males. of succession given below :  (a) male lineal descendants in the male line of descent : Provided that no member of this class shall inherit if any male descendant between him and the deceased is alive: Provided further that the son or sons of a predeceased on how lowsoever shall inherit the share which would have devolved upon the deceased if he had been then alive ;  (b) widow;  (c) father;  (d) mother, being a -widow;  (e) step mother, king a widow;  (f) father's father;  (g)~ father's mother, being a widow: -  (h) widow of a male lineal descendant in the male line of descent:  (i) unmarried daughter;  6) brother, being the son of the same father as the deceased;  (k) unmarri...

What is Competition Commission of India (CCI) & why has it fined Maruti Suzuki (MSIL) for Rs 200 crore?

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Competition  Commission  of India Competition Commission of India(CCI) had established as per provisions laid down in Chapter III, Section 7 of Competition Act, 2002.  Competition Act, 2002 was enacted keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets , in India, and for matters connected therewith or incidental thereto. This act replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) on the recommendations of Raghavan committee. Why has CCI fined Maruti Suzuki for Rs 200 Crore? CCI has found that MSIL not only imposed the Discount Control Policy on its dealers, but also monitored and enforced the same by monitoring dealers through MSAs, imposing penalties on them and threatening strict ...

Whether 3 farm laws are really black in nature?

Introduction Three Farm Laws (i.e., THE ESSENTIAL COMMODITIES (AMENDMENT) ACT, 2020, THE FARMERS’ PRODUCE TRADE AND COMMERCE (PROMOTION AND FACILITATION) ACT, 2020 & THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES ACT, 2020) have faced a lot of criticism in India. Majority of opposition parties are protesting against these three laws and so are the farmers from India. To know about the details of whether these laws are white or black we have to understand old system of sale of Farm produces and disadvantages faced by farmers in old system. In older system, Farmers were bound to take their farm produce to mandis, where government procure their produce by means of mandi committees. Tax was further imposed on the farm produce and state government's make their revenue out of that tax.  We have to look at all aspects of old system and new system in detail in order to answer this question "Whether these 3 farm laws are really black in natu...

Case Summary: State of Haryana v. Dinesh Kumar | Criminal Law | Cr.P.C.

 Case Citation : (2008) 3 SCC 222 Bench: Altamas Kabir. J Facts of the case: 1. The respondent in the first of these two appeals and the appellants in the other appeal applied for appointment as Constable-Drivers under the Haryana Police and submitted their respective application forms, which contained two columns, namely, 13(A) and 14, which read as follows:-      13(A): Have you ever been arrested?      14: Have you ever been convicted by the Court of any offence? Respondent answered the both questions as negative. 2. Subsequently, during verification of the character and antecedents of the said respondent, it was reported that he had been arrested in connection with a case arising out of FIR. However, he was aquitted in that matter by judicial magistrate. 3. Appellant, however, alleged that the respondent had concealed these facts from the Selection Committee and had not correctly furnished the information in columns 13(A) and 14 of the applica...

Requirements to be followed in all arrest cases of arrest or detention | Landmark Judgement: Shri Dilip K. Basu vs State Of West Bengal & Ors on 24 July, 2015

Hon'ble Supreme court in the case of Shri Dilip K. Basu vs State Of West Bengal & Ors  laid down the following  requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures: (1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. (2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by atleast one witness who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. (3) A person who has been arres...

Case Summary: Central Bureau Of Investigation vs V.C. Shukla & Ors on 2 March, 1998 | Indian Evidence Act | S. 10,17,21,34 IEA

Sections Involved Section 10 IEA: Things said or done by conspirator in reference to common design. –– Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Section 17 IEA:  Admission defined.––An admission is a statement, 1 [oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.  Section 18 IEA:  Admission––by party to proceeding or his agent....