Autonomy over Oversight: Why Independent Cooperative Societies Are Not “State” Under Article 12 and Why Their Elections Fall Outside Writ Jurisdiction
Introduction The intersection of cooperative society governance, constitutional law, and writ jurisdiction has been a subject of enduring judicial discourse in India. A recurring question before courts is whether cooperative societies — particularly those that operate independently of Government control — can be classified as “State” under Article 12 of the Constitution of India, thereby …
Supreme Court Settles the Limitation Question in Post-Award Proceedings: Section 33 Exception to the Running of Limitation Under Section 34(3) Applies Regardless of Maintainability or Outcome.
I. Introduction What happens if a party files an application under Section 33 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking correction of an arbitral award, does the limitation period for challenging the award under Section 34 run from the date of the original award, or from the date on which the Section …
FREEHOLD CONVERSION OF NAZUL LAND: LEGAL LOOPHOLES, ADMINISTRATIVE IRREGULARITIES AND THE GROWING THREAT OF LAND MAFIA
Abstract Nazul land constitutes one of the largest repositories of public property in India. Historically vested in the Government through escheat, confiscation, acquisition, lapse, or succession from colonial authorities, Nazul lands were intended to serve public purposes and governmental functions. However, the policy of converting leasehold Nazul land into freehold ownership, introduced in several States …
From Human Fault to Algorithmic Accountability: Tort Law in the AI Era
Artificial Intelligence (AI) is transforming the way decisions are made across critical sectors worldwide. This shift from automation to autonomy presents significant challenges for traditional tort law, which has historically been built around concepts such as human fault, foreseeability and direct causation.
Finality of Arbitral Awards and Judicial Intervention in India: Lessons from the Supreme Court’s Jabalpur Corridor Decision
Introduction Arbitration has emerged as the preferred dispute resolution mechanism for commercial parties seeking speed, confidentiality, technical expertise and finality. The success of any arbitration regime depends not only upon the quality of arbitral proceedings but also upon the willingness of courts to respect arbitral autonomy and limit judicial intervention.
Navigating GSTAT Appeals: Procedure, Pitfalls, and Practical Insights
Introduction The Goods and Services Tax Appellate Tribunal (GSTAT) represents one of the most significant developments in India’s indirect tax dispute resolution framework since the introduction of the Goods and Services Tax regime in July 2017. Established under Section 109 of the Central Goods and Services Tax Act, 2017 (“CGST Act”) and backed by the constitutional framework …
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Setting Up a Global Capability Centre (GCC) in India: Legal and Regulatory Framework
Introduction India has emerged as one of the world’s leading destinations for Global Capability Centres (GCCs), with multinational corporations increasingly establishing captive centres to manage global operations, technology development, research and development, finance, legal support, data analytics and business process management functions.
The Evolving Nature of Free Consent in Contemporary Contract Law
Introduction The principle of free consent is one of the cornerstones of contract law and plays a fundamental role in determining whether an agreement qualifies as a valid and enforceable contract under the Indian Contract Act, 1872. A contract becomes legally binding only when the parties enter into it voluntarily and with a clear understanding …
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India Opens the Door to Chinese Investment: A Complete Guide to Press Note 2, 2026 and the FEMA NDI Amendments
Introduction In a landmark policy reset spanning six years of careful deliberation, diplomatic repair, and economic pragmatism, India has opened the door to investment from China and its other land-border neighbours, not in a single sweeping act, but in a measured, security-conscious, and phased manner that reflects the sophistication of India’s evolving role in the …
Post-Award Corrections Under Section 33 of the Arbitration Act: Drawing the Line Between Correction and Modification
Introduction One of the defining features of arbitration is the finality of the arbitral award. Parties choose arbitration as an alternative to conventional litigation largely because it offers efficiency, autonomy and a conclusive resolution of disputes. However, like any adjudicatory process, arbitral awards may occasionally contain clerical mistakes, computational inaccuracies or typographical errors that require …