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The Bombay High Court has declared that under Section 8 of the Arbitration and Conciliation Act, 1996, the matter cannot be automatically sent to arbitration if the plaintiff seeks relief in a lawsuit against parties, some of whom are not signatories to the arbitration agreement (A&C Act). The court's decision in Vidya Drolia & Ors. v. Durga Trading Corporation (2020) and ..

Introduction: When a lawsuit is filed in court, the attorney or even the person that requested the lawsuit may not be familiar with all of the parties involved. Therefore, in order to obtain relief, you must join the other parties that are harmed as a plaintiff or defendant (as the case may be). The purpose of this clause, Order 1 Rule 10 of the CPC, is to protect honourable litigan..

Introduction  Order IX of the Code of Civil Procedure (CPC) in India deals with dismissal of suits for default or for non-prosecution. It lays down the rules for the dismissal of a suit if the plaintiff fails to appear in court when the suit is called for hearing, or if the plaintiff does not take necessary steps to proceed with the suit within a reasonable time. It also provid..

Introduction: The Competition Act, 2002 is the main topic of the article, along with its parts and goals for eliminating unfair business activities. In accordance with the Act, describe how the Competition Commission of India was founded, who served as its first chairman (including the current one), and what roles, responsibilities, and powers it has. The article ends by discussing ..

Introduction Euthanasia, or the practice of ending a person's life in order to alleviate suffering, has a complex history in India. The practice has been debated for many years, with opinions on the issue divided. In the early 20th century, Indian reformers and social activists such as Mahatma Gandhi and B.R. Ambedkar spoke out against euthanasia, arguing that it was morally wro..

Introduction  The power of a high court to quash an FIR (First Information Report) is known as the power of judicial review. The high court has the authority to quash an FIR if it finds that the complaint is frivolous, or if it finds that the investigation would be an abuse of the process of the court. This power is granted to the high court under Secti..

Introduction Peaceful protest is a fundamental right in many countries around the world, and is often used as a means for individuals and groups to express their grievances and demands for change.   The right to peaceful protest has a long history in India, dating back to the country's struggle for independence from British colonial rule. The Indian independence m..

The Kerala High Court ruled that it would not be a barrier to a person's appointment to the position of District Judge if they had merely been a Munsiff-Magistrate trainee on the date their application for appointment as such was submitted or on the date they were appointed as such. In a petition contesting the appointment of A.V. Telles, the third respondent, because he had been ..

The CBI's appeal seeking the cancellation of bail for T Gangi Reddy, the primary suspect in the murder of YS Vivekananda Reddy, a former Kadapa MP and the uncle of current AP chief minister YS Jagan Mohan Reddy, was referred to the Telangana high court by the Supreme Court. AP high court rejected the CBI's argument. While granting the CBI's argument and instruc..

The Supreme Court stated that a court should not condemn an accused solely based on the "last seen" scenario while overturning the concurrent conviction of a murder suspect. The bench of Justices S. Ravindra Bhat and P S Narasimha stated that the "last seen" doctrine has limited validity if there is a short time lapse between the time the deceased was last seen wit..

Introduction  Circumstantial evidence is evidence that suggests a fact or a set of facts from which a fact-finder can infer another fact. It is indirect evidence and does not directly prove the fact in question. For example, if a person is found with a weapon at the scene of a crime and has no explanation for it, this would be circumstantial evidence that they were involved in ..

Introduction:  In the words of the Honorable Supreme Court, "Perfect proof is seldom to be acquired in this imperfect world and absolute certainty is a fallacy," as stated in the case of Ramanand v. State of Himachal Pradesh (1981). The idea of circumstantial evidence develops because the court must rely on indirect evidence to make decisions in each case where direct..

KEY TAKEAWAYS The Code of Civil Procedure, 1908 (CPC) is the legal framework that governs and manages civil cases in India. Order 7 of CPC 1908 defines the particulars of the plaint, particulars to be contained in money suit, when immovable property is the subject matter of the suit and much more regarding plaint.  O..

However, under the current legislation, the panel would be increased to 11 members, and each appointment would require only a simple majority of six votes to be approved. Parliamentarians and Cabinet ministers would be raised to three each, and attorneys would be replaced by two "public personalities," only one of whom would be a lawyer. With 7 of the panel members..

According to the Supreme Court, the parties cannot contest the amount of consideration stipulated in a contract if they sign it and issue an undertaking in compliance with its conditions. The subject of whether a party to a contract has the right to contest the amount of consideration after signing the contract was brought before the Supreme Court bench made up of Justices S. Ravindra..