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Def. Lex-O-Pedia
When Can a Party Resist Contempt for Disobeying an Arbitral Tribunal Under Section 27(5)?
Section 27(5) of the Arbitration and Conciliation Act, 1996 lets a court punish contempt of an arbitral tribunal, but only on the tribunal's representation and only for wilful default. The defences a respondent can raise, from procedural prerequisites to strict construction and natural justice.
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Def. Lex-O-Pedia
When Can a Pollution Control Board Order the Closure of an Industry?
Sections 31A of the Air Act and 33A of the Water Act let pollution control boards order an industry's closure, but only after a reasoned show-cause notice, a fair hearing and facility-specific evidence. How closure directions, environmental compensation and the appeal routes actually work.
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Def. Lex-O-Pedia
When Does Termination for "Loss of Confidence" Amount to Stigmatic Dismissal?
The Supreme Court treats termination for "loss of confidence" as stigmatic when it rests on misconduct allegations, requiring a prior inquiry; where objective facts are already on record the inquiry may be dispensed with. Either way, compensation, not reinstatement, is the usual remedy.
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Def. Lex-O-Pedia
What Defences Can an Ex-Director Raise Against a Personal GST Penalty Under Section 122(1A)?
Section 122(1A) of the CGST Act penalises only taxable persons who retain the benefit of specified transactions. The defences open to an ex-director facing a personal penalty: the taxable-person requirement, no vicarious liability, non-retrospectivity, defective service and natural justice.
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Columns 8 min read

Recusal, Necessity, and Structural Conflict: Re-examining Judicial Impartiality in Constitutional Adjudication.

When a Chief Justice steps aside from a constitutionally significant case, it raises foundational questions about judicial impartiality and institutional duty. Examining the doctrine of recusal, necessity, and structural conflicts in India's apex judiciary.

Anish Sinha
Contributor
Mar 31
Def. Lex-O-Pedia
What are the Judicial Commissions under the Code of Civil Procedure, 1908?
The Code of Civil Procedure, 1908, empowers courts to issue commissions under Section 75 and Order XXVI. These commissions address complex legal issues, gather evidence, and ensure procedural efficiency, aiding justice through specialized investigations and impartial reports.
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Def. Lex-O-Pedia
What role does Natural Justice play in Arbitration Proceedings?
Natural justice plays a vital role in arbitration proceedings by ensuring fairness, impartiality, and transparency, upholding the right to a fair hearing, and preventing bias. Adherence to these principles strengthens the legitimacy and efficacy of arbitration.
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Def. Lex-O-Pedia
How does the Doctrine of Legitimate Expectation balance power with fairness?
The Doctrine of Legitimate Expectation ensures fairness in governance by protecting individuals' reasonable expectations arising from administrative promises or practices. Balancing trust and accountability, it prevents arbitrary actions while respecting public interest.
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In Re case-study

Case Study: Satya v. Teja Singh

“Indian courts are not bound to recognize foreign divorce decrees
2024 · 6 min read Held
Judgment