The Project Director, NHAI v. M Hakeem (2021)
the Supreme Court’s decision in Project Director, NHAI v. M. Hakeem (2021), which held that courts cannot modify arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996. The judgment reinforces minimal judicial interference, arbitral finality, and India’s pro-arbitration framework while highlighting concerns regarding fairness in statutory arbitration.
Judicial Interference under Section 34 of The Arbitration and Conciliation Act
This analyses judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996. It examines the limited grounds on which courts may set aside arbitral awards, the impact of the 2015 amendments, and key judicial decisions promoting minimal court intervention. The article highlights the need to balance arbitral autonomy with fairness and legality while […]
MINOR AS A PARTNER: RIGHTS, LIABILITIES AND LEGAL PROTECTION
CRITICAL ANALYSIS OF OLGA TELLIS VERSUS BOMBAY MUNICIPAL CORPORATION CASE
TRADEMARK LAW IN INDIA: A CRITICAL AND COMPARATIVE STUDY
CAN A MINOR BE PUNISHED FOR A CRIME IN INDIA?
THE ‘PROMPTER’ AS AUTHOR: EVALUATING HUMAN CONTRIBUTION THRESHOLDS IN AI-ASSISTED CREATIVE WORKS
With the emergence of generative artificial intelligence tools, a once-in-a-lifetime issue with intellectual property has been thrown into a crisis: who, if anyone, is the ‘author’ of a work created with the help of AI? This article examines the legal position of the ‘prompter’, the human who gives an AI system instructions via natural language, […]
SUBSTANTIVE EQUALITY AND RESERVATION JURISPRUDENCE: A CRITICAL COMMENTARY ON STATE OF PUNJAB V. DAVINDER SINGH [(2024) 4 SCC 869]
This commentary examines the Supreme Court’s recent decision in State of Punjab v Davinder Singh (2024), wherein a 7-judge Constitution Bench which delivered the order in a 6:1 majority, had set aside E.V. Chinnaiah and upheld the State’s ability to sub-classify SCs for reservation. It explores the evolution of the Reservation Jurisprudence from Indra Sawhney […]
AUTHORSHIP WITHOUT AUTHORS: ANALYZING COPYRIGHT PROTECTION FOR AI-GENERATED WORKS IN INDIA
The emergence of generative artificial intelligence systems, which are capable of producing literary, artistic, musical, and dramatic works of remarkable sophistication has indeed precipitated a sort of jurisprudential crisis, at the intersection of technology and intellectual property law. The basic principle of copyright law, namely that authorship attaches to the person, not the object, and […]
REVISITING SECTION 74 OF THE INDIAN CONTRACT ACT, 1872: JUDICIAL INTERPRETATION OF PENALTY CLAUSES AFTER KAILASH NATH ASSOCIATES VS DDA
Section 74 of The Indian Contract Act, 1872 had combined penalty and liquidated damages and it had seemed to do away with the requirement of establishing loss, with the result that there was a limitation on compensation. There had been a split of judicial opinion for decades concerning whether there is an actual loss or […]