Offence of criminal conspiracy under section 120A
Agreement, concert or league The offence of criminal conspiracy under section 120A is a distinct offence introduced for the first time in 1913 in Chapter VA of the Penal Code.…
General principles embodied in the Penal Code, governing the exercise of the right of private defence
The Indian Penal Code excepts from the operation of its penal clauses large classes of acts done in good faith for the purpose of repelling unlawful aggression but this right…
Supreme Court denounces Borrowers’s attempt to evade legal obligations through baseless FIRs
Case overview: In a significant reaffirmation of the rule of law, the Hon’ble Supreme Court of India recently struck a decisive blow to frivolous attempts at weaponizing criminal law to…
Interest Awards in Arbitration: Section 31(7) Explained
Section 31(7) of the Arbitration and Conciliation Act, 1996, governs the award of interest in arbitral proceedings, providing both default provisions and flexibility for parties to agree upon terms. This…
Arbitration in India: Navigating Delays and the Role of Limitation Periods
The Arbitration and Conciliation Act, 1996, lays down a robust framework to address delays, ensure timely invocation of arbitration, and enforce the limitation period through sections such as 8, 11,…
Concept of Independence of the Judiciary in the words of the Supreme Court
This is an excerpt from Justice R Pandian’s Judgement in Supreme Court Advocate on Record Association v. Union of India (1993). Our Constitution is a radiant vibrant organism and under…
Supreme Court Women Lawyers v. Union of India- Where SC deliberated on the question of ‘Chemical Castration’ of Rapists
Supreme Court women lawyers Association filed a petition in the Supreme Court urging the court to consider imposition of ‘Chemical Castration’ of the people who rape child girls. Submissions of…
Assessing the quantum of permanent disablement in MACT Matters- Supreme Court Judgements
Disability refers to any restriction or lack of ability to perform an activity in the manner considered normal for a human being. Permanent disability refers to the residuary incapacity or…
MACT Matters- Assessment of disability for deciding compensation
This is an excerpt from the judgment of ‘Sidram v. Divisional Manager, United India Insurance co. Ltd. (2018)’. Permanent Disability and Temporary Disability Disability refers to any restriction or lack…
MACT Matters- Evolution of Jurisprudence on Just Compensation in case of disability
The process of determining the compensation by the court is essentially a very difficult task and can never be an exact science. Perfect compensation is hardly possible, more so in…