"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Monday, January 22, 2018

Arbitrability of Tenancy/ Eviction Matters: Recent Developments

This presentation discusses the recent judgement of the Supreme Court in Himangni Enterprises v. KS Ahluwalia (SCI. 2017) where the Supreme Court reiterated the previously held position that tenancy/ eviction matters were not arbitrable. The presentation concludes raising questions as to whether it is sound policy to make such disputes non-arbitrable. If the dispute really is a dispute about rights in personam, should not such disputes be arbitrable? More on the law on this issue in another post. 

The decision of the Supreme Court can be accessed from here. 
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