In the second part of this series, the authors further build upon their argument that the ‘mandatory pre-litigation mediation’ clause in the new Mediation Bill, 2021 infringes upon voluntariness of parties to a permissible extent and offer reasons for the same.
In the first part of this series, the authors analyse the mandatory nature of mediation as postulated under Section 6 of the Mediation Bill, 2021. Attempts at mandating mediation have been vehemently opposed in the past to prevent depletion of the voluntariness of parties, considered the essence of mediation proceedings. The authors argue that the Mediation Bill, 2021, alters the voluntariness of the parties to mediation to a permissible extent for reasons explored in the article. Continue reading Mandatory Mediation: an Oxymoron? (Part 1)
In this post, Varun Rao seeks to rebut the non-applicability of the Limitation Act in tribunals. He puts forward a two-pronged argument, supported with case laws, revolving around the tribunals’ close nexus to courts themselves, and taking a liberal approach to the Limitation Act. Continue reading Application of the Limitation Act to Proceedings before Tribunals
By: Ajay Sharma Editor’s Note: To read author’s take on the application of John Doe Orders in Indian Courts, visit here. INTRODUCTION India has borrowed the concept of “John Doe Order” from foreign jurisdictions (such as the USA, English, Canadian and Australian Courts). This is primarily because these jurisdictions have been using and have contributed to the development of the jurisprudence of John Doe Orders … Continue reading New Avatar of John Doe Order in India: John Doe Order in Non- IPR Cases
By: Vishal Hablani INTRODUCTION Section 5 of the Limitation Act, 1963 deals with the discretionary power of the Court to admit an appeal or an application, after the expiration of the limitation period with the restriction that it can be exercised by the court only if there exists a “sufficient cause” for the delay in filing such an appeal or application. The ambit of power … Continue reading Counsel’s Mistake as “Sufficient Cause” under Section 5 of the Limitation Act –A Critical Analysis
By: Vani Kaushik INTRODUCTION The general principle followed in the law of limitation is that the limitation commences from the earliest possible time a suit can be instituted. However, an exception to this is laid down under section 23 of the Limitation Act, 1963 (hereinafter ‘the Act’), which states that where there exists no independent cause of action, the limitation starts running from the time … Continue reading Harmonious Construction of Sections 22 and 23 of the Limitation Act, 1963
By: Ajay Sharma INTRODUCTION John Doe order is a pre-infringement injunction remedy provided to protect the intellectual property rights of the creator of artistic works like movies, songs, etc. John Doe order is also known as Rolling Anton Pillar, Anton Pillar or Ashok Kumar order. The Court of Queen’s Bench in the United Kingdom developed the concept of John Doe order in the form of … Continue reading John Doe Orders In Indian Context