Advocate Satish Sharma

One of the most crucial stages in arbitration proceedings is the service of the arbitral award . While much attention is often paid to the conduct of arbitration hearings and the making of the award itself, the legal consequences truly begin when the award is delivered and duly served upon the parties. In Indian arbitration law, the concept of service holds significant importance because it is directly linked to the limitation period for challenging the award, as well as for initiating enforcement proceedings. Statutory Basis under the Arbitration and Conciliation Act, 1996 The governing law is the Arbitration and Conciliation Act, 1996 (the “Act”), particularly Section 31 which deals with the form and contents of the arbitral award, and Section 34(3) which prescribes limitation for setting aside the award. Section 31(5) : It specifically provides that after the arbitral award is made, a signed copy shall be delivered to each party . The word used is "delivered" rather t...

As someone who has witnessed India’s constitutional evolution across four decades in the legal field, the recent debates swirling around the Uniform Civil Code (UCC) and the Citizenship Amendment Act (CAA) command both reflection and candor. These topics stir not only legal complexity but also tap deep into the ethos and anxieties of India’s social fabric. The Uniform Civil Code: Marching Towards Equality or Stoking Division? The UCC’s implementation by Uttarakhand in January 2025 marks a bold legislative experiment. The state aims for uniformity in personal laws—marriage, divorce, inheritance, and family relations—across faiths, fulfilling a vision once expressed in Article 44 of our Constitution. In intent, it seeks gender justice, equal property rights, and eradication of discriminatory practices like triple talaq. On paper, who would argue against equal protection of the laws? jurist +2 Yet, experience teaches that social reform—especially where faith and identity are concerned—...

In India, pension is not just an optional payment given after retirement—it is the rightful due of every employee who has completed the required years of service. Pension and retirement benefits are seen as a reward for years of hard work and dedication, and they play a crucial role in ensuring financial security for senior citizens. Sometimes, however, confusion arises when government departments or employers withhold pensionary benefits on the ground that some enquiry or investigation might be started in the future. This is unfair, and the legal position in India is very clear: retirement benefits cannot be denied merely because there may be a possibility of a future enquiry . Why Withholding Pension on Such Grounds is Wrong Pension is an earned right for services already rendered—it is not a favour or charity. Unless there is an enquiry or case that has already started before retirement, the department cannot stop or delay pension. Just a possibility, proposal, or intern...

India’s legal landscape is evolving with the introduction of three important legal statutes: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These laws collectively aim to reform and harmonize criminal, criminal procedure, and evidence laws in India, reflecting the principles of modern governance and justice. Bharatiya Nyaya Sanhita (BNS) The Bharatiya Nyaya Sanhita is the proposed comprehensive criminal code replacing the Indian Penal Code (IPC). It emphasizes clarity, uniformity, and modernization in penal provisions. Its impact is visible in efforts to simplify language, remove outdated colonial-era provisions, and incorporate more victim-centric and human rights-oriented approaches. Legal practitioners and citizens are seeing it as a step towards more transparent and fair criminal justice. Bharatiya Nagarik Suraksha Sanhita (BNSS) The BNSS seeks to replace the Code of Criminal Procedure (CrPC). It introduces r...