Harsha Everything You Need to Know About Presumptions Under Section 4 of the Evidence Act
Presumption means taking something as true without examination or proof. In the context of the law of evidence, it refers to a legal or factual assumption drawn from the existence…
Ostensible Owner Explained: What You Need to Know About Section 41
An ostensible owner has every indicator of ownership on record, including possession, but lacks actual ownership. For instance, someone may hold property in their name for convenience, yet the benefits…
Section 34 of the Arbitration and Conciliation Act, 1996
While the Arbitration and Conciliation Act, 1996 is built on the principle of minimum judicial interference—emphasized in Section 5 of the act—and aims to ensure the finality and enforcement of…
Interim Reliefs under Section 9 and 17: Recent Judicial interpretations
Interim reliefs play a crucial role in arbitration, providing parties with essential protections while they await a final resolution of their disputes.
The Role Of Non-Signatories In Arbitration: What You Need To Know
Non-signatories are individuals or entities who have not formally signed or agreed to an arbitration agreement or the underlying contract and, as a general rule, are not bound by its…
Referral of Parties to Arbitration: Key Insights from the 2015 Amendments
the focus now rests on the validity of arbitration agreements, reinforcing the legislative intent to favor arbitration as a means of dispute resolution. This evolving landscape emphasizes the importance of…
Crime or Consent? The Legal Grey Area of Teenage Love
Under current laws, particularly the POCSO Act in India, any sexual activity involving a minor is deemed non-consensual, irrespective of the circumstances surrounding the interaction. This strict liability approach aims…
What Happens to an Arbitration Agreement When a Party Dies?
An arbitration agreement shall not be discharged by the death of any party, ensuring that such agreements are enforceable by or against the legal representatives of the deceased.
The Essential Forms of Arbitration Agreement You Need to Know
Understanding the various forms of arbitration agreement is crucial for parties looking to navigate dispute resolution effectively.
Understanding The Arbitrability Of Disputes: Meaning And Its Fundamentals
Arbitrability refers to indicates whether a dispute is “arbitrable”, i.e. capable of being settled by arbitration. If a dispute is deemed non-arbitrable, it must be addressed in court instead.