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Articles by Smita Singh

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Effect of concession made by counsel

  Smita Singh   18 February 2020 at 16:25

Effect of concession made by counsel ..

Posted in Civil Law |   2859 Views

Nature of the property under S.6 and 8 of HSA after the demise of the holder!

  Smita Singh   03 January 2020 at 10:43

Nature of the property under S.6 and 8 of HSA after the demise of the holder! ..

Posted in Property Law  2 comments |   7208 Views

Second appeals: prerequisites and manner of consideration

  Smita Singh   07 June 2019 at 13:21

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 ..

Posted in Civil Law |   1207 Views

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

  Smita Singh   07 June 2019 at 13:21

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, ..

Posted in Civil Law |   468 Views

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

  Smita Singh   03 May 2019 at 15:25

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 ..

Posted in Civil Law |   442 Views

Technical Rules of evidence: Extent of applicability to arbitration proceedings

  Smita Singh   03 December 2018 at 12:42

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 ..

Posted in Civil Law  1 comments |   3803 Views

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

  Smita Singh   27 October 2018 at 16:56

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 ..

Posted in Others  1 comments |   513 Views

Arbitration as a resolution mechanism in intellectual property disputes

  Smita Singh   23 October 2018 at 15:33

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. ..

Posted in Intellectual Property Rights  2 comments |   791 Views

When license in an immovable property acquires irrevocability

  Smita Singh   03 October 2018 at 10:37

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 ..

Posted in Property Law  1 comments |   3102 Views

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

  Smita Singh   27 September 2018 at 16:02

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 ..

Posted in Civil Law |   3326 Views