Insights
Published commentary
Articles and critical notes on important judgments — informational scholarship, not legal advice.
July 2010 · Praveen Kumar Jain
Judgment in Deewan Arora v. Tara Devi Sen & Ors. — A critical study
This article clarifies the position of laws relating to registration and stamp duty on documents transferring immovable properties after the Registration and Other Related Laws (Amendment) Act, 2001. It also distinguishes the equity of specific performance from the doctrine of part performance.
August 2009 · Praveen Kumar Jain
Size of compensation for medical negligence — a wake-up call for health business!
A commentary on the measure of compensation in medical negligence, written as a caution to healthcare enterprises on liability, patient safety, and the scale of awards.
February 2008 · Praveen Kumar Jain
Arbitration Tribunal — a handicapped substitute for Court of Law
An arbitral tribunal is designed to resolve contractual clashes with efficacy equal to a court of law. For lack of certain basic tools and techniques this alternative justice delivery vehicle can break down on its path. The article discusses such lacunae.
October 2005 · Praveen Kumar Jain
Are you trapped? You are swayed!
A published critical article from the chambers’ early scholarly work, addressing how parties may be drawn into legal positions without a clear view of consequence.
September 2005 · Praveen Kumar Jain
Sting Operations — An invasion of privacy
A study of sting operations as an intrusion upon privacy, examining the tension between public interest journalism and the rights of the individual.
June 2005 · Praveen Kumar Jain
Arbitration Tribunal or Consumer Forum — Consumers’ dilemma
A discussion of the consumer’s choice between arbitral machinery and consumer fora — overlapping jurisdictions, delay, and the practical pursuit of a remedy.
January 2005 · Praveen Kumar Jain
Beg to Differ — The Judgement of the Supreme Court in Topline Shoes Ltd. v. Corporation Bank
Under the Consumer Protection Act, the opposite party is under a statutory duty to file its reply within prescribed time. The article examines the Supreme Court’s approach to the 45-day outer limit and the forum’s duty thereafter to proceed on the complainant’s evidence.
January 2004 · Praveen Kumar Jain
Should capital punishment be given capital punishment? — A capital question
Keeping in mind the maxim salus populi est suprema lex, the article argues that death penalty must be retained for incorrigibles and hardened criminals but limited to rarest-of-rare cases — a penological, not merely rhetorical, question.