Saturday, September 30, 2017

Novation of Agreement & Change of Ownership while Vessel is under Arrest [M.V. Nikolaos-S]

Arrest of Vessel - Ship IndiaCertain fundamental principles of maritime law in India were re-visited by the Hon’ble Supreme Court in its Judgment dated 14th September 2017 in Chrisomar Corp. v. MJR Steels Pvt. Ltd. [Civil Appeal No. 1930 of 2008], which can be found here. It is pertinent to note that at the time of passing of the Judgment the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 20117 passed by Parliament had not come into force.
Brief Facts:
Without going into the   detailed dates of events, the relevant facts leading to filing of the Civil Appeal are as follows:

Thursday, June 29, 2017

Is UAE a reciprocating country u/s 44A of Code of Civil Procedure?

A lot of online articles and blog posts mention ‘United Arab Emirates’ as one of the ‘reciprocating countries’ under section 44A of the Code of Civil Procedure,1908 (“CPC”). However, there is a cleavage of opinion among legal experts on this issue.
There is no dispute regarding the other ten countries, viz. United Kingdom, Aden, Fiji, Republic of Singapore, Federation of Malaya, Trinidad and Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua and New Guinea and Bangladesh, being reciprocating countries.

Friday, June 2, 2017

Homecoming of Terror - Review

You must be wondering what a review of an episode of House of Cards is doing on a legal blog like this one. Well, like everyone else, I too am an ‘Underwood nuts’ and would be remiss in my duties as a lawyer if I didn’t give my fellow lawyers who are buried under tons of paperwork a brief review of the premier episode of Season 5.

Sunday, January 15, 2017

Freedom of Speech and Expression

The below article is written by Nirali Parekh.
Also, read A Clipped Bird.
 Freedom of speech and expression is a fundamental right guaranteed to all the citizens residing within the territory of India[1] .It enables and gives opportunity to all  the  citizens to put forth and express their thoughts and opinions, playing an essential role in enhancing the growth and development of the country.