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India: A Foreign Arbitration Award May Be Challenged

(Mar. 2, 2008) The Supreme Court of India has ruled that a suit in an Indian court is maintainable against a foreign arbitration award if the award contravenes public policy and the statutory provisions. In its ruling, the bench observed that the provisions of the Arbitration and Conciliation Act, 1996, would apply to the international […]

India: Marriage Age for Men May Be Lowered to 18

(Mar. 2, 2008) The Law Commission of India has proposed a reduction in the legal marriageable age for men from 21 to 18 years, while recommending that unions contracted below the age of 16 be considered void. The Commission states that there is no scientific reason for keeping different marriage ages for men and women. […]

India: 100% Foreign Direct Investment Obtains Automatic Approval for Aircraft Repair Shops

(Mar. 2, 2008) India allows 100% foreign direct investment (FDI) through the automatic approval route for helicopter and seaplane operations and for maintenance, repair, and overhaul (MRO) facilities. This is a reversal of the previous policy, under which approval of the Foreign Investment Board was required for FDI beyond 74%. Similarly, for ground handling services, […]

India: Anticipatory Bail and Proposed Change in Criminal Procedure Law

(Feb. 2, 2008) In criminal cases in India, an accused may petition a court to grant bail in anticipation of an arrest by the police on the basis of registration of a complaint against him. However, the law requires the petitioner to be present in court at the hearing of the petition so that the […]

India: Prohibition of Women as Bartenders Voided

(Feb. 2, 2008) On December 6, 2007, the Supreme Court of India annulled on grounds of discrimination section 30 of the Punjab Excise Act, 1914, as applicable to the National Capital Territory of Delhi, which prohibited hiring men below 25 years of age and women as bartenders in restaurants. As a result of its deliberations […]

India: Armed Forces Tribunal Established

(Feb. 2, 2008) On December 25, 2007, the President of India gave assent to the promulgation of the Armed Forces Tribunal Act, 2007. The Act provides for an Armed Forces Tribunal for the adjudication or trial, including appeals, of disputes and complaints with respect to commissions, appointments, enrollment, and conditions of service for persons covered […]

India: Punishment Must Match Criminal Act of Offender

(Jan. 2, 2008) In a recently adjudicated case, the Supreme Court of India expressed concern at the frequency of sexual offenses against women in the country and directed all trial courts and high courts to deal harshly with sexual offenders. Quoting an earlier judgment, the bench observed, "[j]udges who bear the sword of justice should […]

India: Women May be Employed as Bartenders

(Jan. 2, 2008) On December 6, the Supreme Court of India annulled as unconstitutional a colonial-era statute that prohibited women, as well as men under the age of 25, from working as bartenders. The ruling gives women the equal opportunity to work as bartenders in India, and lowers the permissible age for bartenders from 25 […]

India: Government to Ratify Hague Conference on Private International Law

(Jan. 2, 2008) The Ministry of Overseas Indian Affairs and the National Commission for Women, as a part of their efforts to counter fraudulent marriages by non-resident Indians, finally succeeded recently in persuading the Government of India to ratify the Hague Conference on Private International Law. India's ratification of the Convention may facilitate the mutual […]

India: Death Sentences for Ex-Legislators in a Lynching Case

(Nov. 2, 2007) On October 1, 2007, the Additional Sessions Judge, Ram Krishna Rai, handed down a landmark judgment when he awarded a former member of the Parliament (M.P.), Anand Mohan, and a former member of the Legislative Assembly (MLA) of the State of Bihar, Akhlaq Ahmed, sentences of death in a murder case. The […]