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Liquidated Damages under Section 74 of the Contract Act: Does a Claimant Still Have to Prove Loss?
Commercial contracts routinely include a liquidated damages clause that fixes a sum payable for breach, such as a specified amount for each week of delay or a percentage of the con
Interplay Between Arbitration and Summary Suits: Can They Coexist?
Introduction The Indian legal landscape offers two distinct expedited mechanisms for commercial dispute resolution: arbitration under the Arbitration and Conciliation Act, 1996, an
Preponderance of Probabilities: Civil & SEBI Standard of Proof Explained
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates General Principles of Preponderance of Probabilities Definition and Legal Basis of Preponderance of Probabilities
Understanding the Doctrine of Merger: A Judicial Principle Reaffirmed by the Supreme Court
By Adv. Aaditya Bhatt Introduction The doctrine of merger stands as a fundamental principle in India’s judicial hierarchy, recently receiving renewed emphasis from the Supre
Section 47 CPC: SC Holds Property Right Disputes = Original Suits
Introduction The Supreme Court’s landmark judgment in Periyammal v. Rajamani establishes that Section 47 CPC applications raising objections to decree execution on property r
Judicial Interpretation of Delay Condonation Under Limitation Act: A Critical Analysis of the “Each Day’s Delay Must Be Explained” Doctrine
Introduction The Indian legal framework governing limitation periods, primarily encapsulated in the Limitation Act, 1963, operates on the foundational principle that “vigilan
RTI Act 2005: Filing Procedure, Fees & Recent Amendments
Introduction The Right to Information Act 2005 represents a major turning point in India’s move towards transparency and accountability in governance. Enacted on 15 June 2005 and
Judicial Review: A Catalyst for Policy Evolution and Democratic Resilience in India
Introduction In a lecture delivered at Harvard Kennedy School, Justice BR Gavai expounded upon the theme “How Judicial Review Shapes Policy.” This discourse delved into
Liquidated Damages under Section 74 of the Contract Act: Does a Claimant Still Have to Prove Loss?
Commercial contracts routinely include a liquidated damages clause that fixes a sum payable for breach, such as a specified amount for each week of delay or a percentage of the con
Detention of Goods under the CGST Act – Striking a Balance Between Compliance and Fairness
Introduction The Electronic Way Bill (E-way bill), which is intended to prevent tax evasion and ensure transparency in the movement of products, has become an integral component of
