The Interplay Between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899; A Harmonious Construction of Law by the Hon’ble Supreme Court of India.

The Interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899

by rfknLatest, LawPosted on No Comments

The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court’s recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law.

Erosion of Tax sovereignty - India's Challenges at the WTO

Erosion of Tax sovereignty – India’s Challenges at the WTO

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Globalisation has resulted in an increased interdependence in the economies of countries worldwide. Such interdependence has left the smaller economies at the behest of leading powers at organisations such as the WTO, which were otherwise aimed at creating a level playing field. A clear global North-South divide renders LDCs and the South in general, at a disadvantage in any transactions that follow from WTO regimes. India has yet to establish a strong foothold as an emerging global power at the WTO, with the US currently slow-strangling the organisation.

State of Disability Justice and Institutional Mechanisms in India

State of Disability Justice and Institutional Mechanisms in India

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The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare.
While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations.

The Law of the Book and the Law in Action - The writers are lawyers working at RFKN Chambers. The views expressed are personal

The law of the book and the law in action

by rfknAccessibility, Latest, LawPosted on No Comments

The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to
the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed
the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. India’s disability law stands as a beacon of progress, embracing a
broad and inclusive perspective on disability. It boldly places responsibilities on both public and
private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law’s promise remains largely unfulfilled, hindered by slow and uneven implementation.