tag:blogger.com,1999:blog-6685096796297650696.post1781407002026646221..comments2023-12-23T18:42:30.780+05:30Comments on Practical Academic: Arbitrability in India: Booz Allen & Hamilton v SBI Home Finance: Part IIBadrinath Srinivasanhttp://www.blogger.com/profile/11123853000962107353noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6685096796297650696.post-19100223556383891142013-12-19T14:09:22.042+05:302013-12-19T14:09:22.042+05:30The doctrine based approach of reading doctrines i...The doctrine based approach of reading doctrines into mordern statutes are aberrations and has no sanction in context of rule of law, the legislatures from ancient times avoided uses of judgement in rem and judgments in personam for example section 41 of indian evidence Act. Any approach to induct doctrine of this nature will lead to judge made laws I, e whims and fancies of judges , this casus omissus is for the legislatures concerned to address, there is no provion in the statute which mandates the court to introduce this doctrines , on the contrary the letter of recognizes the undiluted right to international commercial arbitration guaranteed under article 300A of constitution which would lead to same subject matter available for arbitration by Article 14 of constitutionjayavelhttps://www.blogger.com/profile/14576112554558712481noreply@blogger.com