DEVELOPMENT OF ARBITRATION LAW IN INDIA Authour: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India Present Article illustrates the development of Arbitration Law in India in the context of supervisory jurisdiction of courts over the subject matter of arbitration and the procedure of arbitration. HISTORY OF THE LAW OF ARBITRATION Prior to the year 1940, 3 (three) […]
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REVIEW JURISDICTION OF SUPREME COURT OF INDIA Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India In this article, we are going to discuss upon the review jurisdiction of the Hon’ble Supreme Court of India vis-à-vis the review under the Code of Civil Procedure 1908. INTRODUCTION Article 137 of the Constitution of India gives Hon’ble Supreme Court
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CALENDER 2025 HIGH COURT OF JUDICATURE AT ALLAHABAD
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ORDER XXIII RULE 1 CODE OF CIVIL PROCEURE 1908: WHETHER APPLICABLE TO PROCEEDINGS UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India This paper discusses on the applicability of the principles given under Order XXIII Rule 1 of the Code of Civil Procedure (“O23R1 CPC”) in subsequent
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Compulsory Convertible Debenture (“CCD”): Equity or Debt Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India Whether Compulsory Convertible Debenture (“CCD”) is an equity, or a debt has always been a never-ending debate. Every time the result depends on the terms of the Debenture Subscription Agreement (“DSA”). Each time, the court’s decision varies from situation to situation
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PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE 2016 (IBC) Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India INTRODUCTION Proceedings under Insolvency and Bankruptcy Code 2016 (“IBC”) are called Corporate Insolvency Resolution Proceedings (“CIRP”). There are 3 ways under which CIRP can be invoked. By a Financial Creditor under Section 7 of the IBC. By an Operational Creditor
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Overlapping Laws on Maintenance and Alimony Rights of Women in India: Present Scenario Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India INTRODUCTION AND PURPOSE BEHIND MAINTENANCE LAWS Maintenance and Alimony is a right given to married women in India under a number of laws pertaining to matrimonial disputes. These include Special Marriage Act 1954 (“SPA”), Hindu
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Protection of Women from Domestic Violence Act 2005: An Effective Tool for Women in India against Domestic Violence Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India INTRODUCTION As the name suggests Protection of Women from Domestic Violence Act 2005 was passed with the aim and objectives of giving instant protection to the women guaranteed under the
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VISITION RIGHTS OF FATHER REMEDY UNDER PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India INTRODUCTION Indian legal jurisprudence gives welfare of the child the paramount importance before anything. The overall development of the child is dependent not only on the love and care of the mother. It is
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Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India Topic : Public Policy of India: When an Arbitral Award can be held to be against the Public Policy of India? An Arbitral Award can be challenged on the grounds laid down in Section 34(2), (2-A) and (3) of the Arbitration and Conciliation Act 1996 (herein after referred