Smita Singh

Articles by Smita Singh

07 June 2019 at 13:21

Second appeals: prerequisites and manner of consideration

  POSTED BY Smita Singh

IntroductionUnder Code of Civil Procedure, in a first appeal[1] arising from original decree, the appellate court is required to deal with all the issues and the evidence of the case, so as to either interfere with or confirm the original decree. It

  0 comments |   276 Views

07 June 2019 at 13:21

Designation of non-judicial institution to appoint arbitrator under Arbitration and Conciliation (Amendment) Bill, 2018: Concerns

  POSTED BY Smita Singh

IntroductionUnder the Arbitration & Conciliation Act, 1996 (the �Principal Act�), the parties are free to appoint arbitrators. In case of disagreement on an appointment, the parties can request, in case of international arbitration,

  0 comments |   196 Views

03 May 2019 at 15:25

A case to confine inquiry at the stage of appointing Arbitral Tribunal

  POSTED BY Smita Singh

Introduction The Arbitration & Conciliation Act, 1996 (�the Principal Act�) was enacted as a part of economic reforms. It aimed at ensuring that arbitration proceedings are just, fair and effective; and to minimize the intervention of

  0 comments |   104 Views

03 December 2018 at 12:42

Technical Rules of evidence: Extent of applicability to arbitration proceedings

  POSTED BY Smita Singh

Introduction Arbitration, an alternative dispute resolution mechanism is expected to afford faster and cheaper alternative dispute resolution mechanism. As a part of economic reforms that triggered in early 1990s, the Arbitration & Conciliation

  1 comments |   320 Views

27 October 2018 at 16:56

A case for regulating paid trolls and organised spread of fake news

  POSTED BY Smita Singh

Freedom of speechThe expanse of freedom of expression, a fundamental right is well known. Supreme Court struck down Section 66A of the Information Technology Act, 2000, which restricted online speech, as unconstitutional on grounds of violating the f

  2 comments |   276 Views

23 October 2018 at 15:33

Arbitration as a resolution mechanism in intellectual property disputes

  POSTED BY Smita Singh

A dispute is considered arbitrable if: (i) it is covered by the Arbitration Agreement; (ii) parties refer the dispute to arbitration, in accordance with governing procedure; and (iii) it is capable of adjudication and settlement by arbitration.

  2 comments |   399 Views

03 October 2018 at 10:37

When license in an immovable property acquires irrevocability

  POSTED BY Smita Singh

License defined According to Section-52 of the Indian Easement Act, 1882 (Easement Act), where one person grants to another a right to do in or upon the immovable property of the grantor, something which would in the absence of such right, be unlawfu

  1 comments |   249 Views

27 September 2018 at 16:02

Amendment to the Specific Relief Act in 2018: whether retrospective?

  POSTED BY Smita Singh

Introduction The Specific Relief Act, 1963 (the Principal Act) was enacted to define and amend law relating to certain kinds of specific reliefs. It contained provisions concerning inter-alia specific performance of contracts; contracts not specific

  0 comments |   1590 Views

26 September 2018 at 13:55

'Accord and satisfaction' as a mode of discharge of contract

  POSTED BY Smita Singh

Introduction Discharge of contract occurs in various ways. If both Parties to a Contract have performed their respective obligations agreed by them, the Contract is discharged by

  0 comments |   455 Views

09 August 2018 at 11:03

The contours of principle of 'business efficacy' in interpreting commercial contracts

  POSTED BY Smita Singh

Introduction Principle of 'business efficacy' is well recognized tool for interpreting a commercial contract inter se the parties. Documenting terms of a commercial contract may not always be perfect enough to capture and provide for all

  2 comments |   851 Views


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