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Showing posts from August, 2024

How To File A Petition For Writ Of Certiorari In High Court?

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The Petition For Writ Of Certiorari Has Its Roots In The Previous Many Years, When It Was Employed To Check Court Decisions For Mistakes. It Is The Same In Its Present Incarnation. The Higher Authorities Have Consistently Utilized It To Overturn Lesser Authority Rulings That Contained Legal Flaws Or Went Outside Their Purview. The Provisions Pertaining To The Writ Jurisdictions Of The Supreme Court And The High Courts Are Found In Articles 32 And 226 Of The Indian Constitution, Respectively. Petition For Writ Of Certiorari: About "Certified Or Informed" Is What The Term Certiorari Refers To. It Is Typically Issued To A Lower Court By A Higher Court In Order To Either Overturn A Verdict Or Move The Ongoing Matter To A Higher Authority.  The Supreme Court Decided In 1991 That If Administrative Authorities' Decisions Violate Someone's Rights, A Petition For Writ Of Certiorari May Also Be Filed Against Them. Petition For Writ Of Certiorari: Grounds To File The Petition Th...

Is Arbitration Enforceable In Court?

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Worldwide, Arbitration Has Become The Go-To Alternative Dispute Resolution Method As It Offers Parties A More Effective And Adaptable Means Of Resolving Conflicts Outside Of The Conventional Legal System. Since The 1996 Introduction Of The Arbitration And Conciliation Act, India's Legal Environment For Arbitration Has Undergone Significant Change. The Enforcement Of Arbitral Awards In Court Is One Of The Most Important Components Of Any Arbitration Procedure. Legal Framework Governing Arbitration In India The Arbitration And Conciliation Act, 1996, Is The Primary Legislation Governing Arbitration In India. The Act Provides A Comprehensive Legal Framework For The Conduct Of Arbitral Proceedings, Recognition, And Enforcement Of Foreign Arbitral Awards, Among Other Things. Section 34 Of The Act Deals With The Setting Aside Of Arbitral Awards, While Section 36 Focuses On The Enforcement Of Arbitral Awards. Enforcement Of Arbitration Awards In The Context Of Domestic Arbitration Awards,...

What Is Difference Between Writ And Petition?

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The Phrases "Writ" And "Petition" Are Frequently Used Interchangeably In The Legal Vernacular, Which Can Be Confusing To People Who Are Not Familiar With Legalese. Nonetheless, Inside The Legal System, These Terms Have Diverse Meanings And Functions. Nature Of A Writ A Writ Is A Formal Written Order Issued By A Court, Typically Under Its Seal, Commanding A Specific Action Or Prohibiting Certain Conduct. Writs Have A Long History In The Legal Traditions Of Various Jurisdictions And Are Considered Essential Tools For The Administration Of Justice. The Term "Writ" Is Derived From The Old English Word "Writan," Meaning "To Write," Emphasizing The Written Nature Of These Legal Orders. Nature Of A Petition A Petition, On The Other Hand, Is A Formal Written Request Or Application Submitted To A Court Or Another Authority Seeking Specific Relief Or Redress. Unlike A Writ , A Petition Is Not An Order But A Plea For The Court's Consideration...

What Is The Time Limit For Arbitration Award?

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Because It Is Quick And Flexible, Arbitration Has Become A Very Popular Alternative Dispute Resolution Method In India. The Length Of Time It Takes To Issue An Award In Arbitration Is Important Because Parties Want Their Disputes Resolved As Soon As Possible. It Is Imperative For Arbitrators And Parties Involved To Comprehend The Pertinent Regulations, As The Time Restriction For Arbitration Awards Is A Significant Factor In India. Legal Framework: Arbitration The Primary Legislation Governing Arbitration In India Is The Arbitration And Conciliation Act, 1996 (The Act). The Act, In Its Amended Form, Lays Down Specific Provisions Regarding The Time Frame Within Which An Arbitration Award Should Be Rendered. Section 29a Of The Arbitration And Conciliation Act, 1996 Section 29a Of The Act, Introduced Through An Amendment In 2015, Is A Pivotal Provision Addressing The Time Limit For Arbitration Awards. This Section Mandates That The Arbitral Tribunal Shall Make Its Award Within A Period Of...