criminal proceedings

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Earlier clause prevails over subsequent clause in case of repugnancy: Supreme Court

Introduction

The Hon’ble Supreme Court vide its recent judgment in Bharat Sher Singh Kalsia v. State of Bihar & Anr.[1] adjudicated inter alia upon repugnancy in clauses when construing/ interpreting a deed or a contract. It was categorically held that where the earlier and later clause of a deed cannot be reconciled, the earlier clause would prevail over the later clause in accordance with themaxim of ut res magis valeat quam pereat[2].Continue Reading Earlier clause prevails over subsequent clause in case of repugnancy: Supreme Court

Fraud-Related Disputes Arbitrable: Bombay High Court

Arbitrability of a dispute is a key factor in any arbitration, as it establishes the jurisdictional reach of an arbitral tribunal. In Booze Allen and Hamilton Inc. v. SBI Home Finance Ltd.,[1] the Supreme Court stated that the disputes dealing with rights in personam are arbitrable, but those pertaining to rights in rem are not as they can affect the public.Continue Reading Fraud-Related Disputes Arbitrable: Bombay High Court

Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?

INTRODUCTION

‘Fraud vitiates all’ is a legal principle firmly embedded in the Indian jurisprudence. An iteration of this principle also finds place in the provisions of the Arbitration and Conciliation Act, 1996 (“Act”), in Section 34(2)(b)(ii), whereunder an arbitral award can be challenged for being in ‘conflict with public policy of Indian Law’, inter alia if “the making of the award was induced or affected by fraud”.Continue Reading Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?

Till Death Do Us Part? Abatement of Criminal Revision, Appeals on Death of Accused.

INTRODUCTION

It is trite law that while criminal proceedings operate in rem, the consequence of such proceedings (viz. imprisonment) impacts the liberties of individual person(s). It is equally well settled that legal heirs of an accused/ convict cannot be made to serve imprisonment on the death of the accused/ convict. This begs the question whether the demise of the individual also sounds the death knell on the connected criminal proceedings against him. In the present article, we explore whether the criminal appellate/ revisional proceedings would abate ipso facto on the death of the accused/ convict.Continue Reading Till Death Do Us Part? Abatement of Criminal Revision, Appeals on Death of Accused