Indu Malhotra: Difference between revisions
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{{Short description|Indian judge (born 1956)}} |
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⚫ | | term_start = 27 April 2018<ref>{{Cite news|title=Indu Malhotra Takes Oath As Supreme Court Judge Amid Row Over Appointments |date=27 April 2018 |newspaper=NDTV |url=https://www.ndtv.com/india-news/indu-malhotra-to-be-sworn-in-as-supreme-courts-seventh-woman-judge-since-independence-1843592 }}</ref> |
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| nominator = [[Dipak Misra]] |
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| appointer = [[Ram Nath Kovind]] |
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| appointer = [[Ram Nath Kovind]] |
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⚫ | | birth_date = {{Birth date and age|df=y|1956|3|14}}<ref>{{cite web|url=https://www.financialexpress.com/india-news/meet-indu-malhotra-indias-first-woman-lawyer-to-be-directly-elevated-to-rank-of-supreme-court-judge/1146389/|title=Who is Indu Malhotra? First woman lawyer to be directly elevated as Supreme Court judge from Bar|date=26 April 2018|website=Financialexpress.com|access-date=16 September 2018}}</ref> |
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{{EngvarB|date=September 2014}} |
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'''Indu Malhotra''' is a retired |
'''Indu Malhotra''' is a retired judge and senior counsel of the [[Supreme Court of India]]. She was the second woman to be designated as senior advocate by the Supreme Court.<ref>{{cite news|title=Lady lawyer pierces glass ceiling|url=http://timesofindia.indiatimes.com/india/Lady-lawyer-pierces-glass-ceiling/articleshow/2267146.cms|access-date=7 April 2014|newspaper=Times of India|date=9 August 2007}}</ref> She was the first woman advocate to be elevated as a judge of the Supreme Court of India directly from the bar.<ref>{{Cite web|date=2021-03-11|title=Praise for justice Indu Malhotra days before her retirement|url=https://www.hindustantimes.com/india-news/praise-for-justice-indu-malhotra-days-before-her-retirement-101615401804749.html|access-date=2021-09-04|website=Hindustan Times|language=en}}</ref> She also authored the third edition of ''The Law and Practice of Arbitration and Conciliation'' (2014).<ref>{{Cite news|last=Srivats |first=K. R. |title=Arbitrators need to play more active role, says CJI |newspaper= [[The Hindu]] "Business Line"|date=7 April 2014 |url=http://www.thehindubusinessline.com/economy/policy/arbitrators-need-to-play-more-active-role-says-cji/article5883760.ece |access-date=18 June 2014}}</ref> |
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==Early life and education== |
==Early life and education== |
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Indu Malhotra, the youngest child of [[Om Prakash Malhotra ( |
Indu Malhotra, the youngest child of [[Om Prakash Malhotra (advocate)|Om Prakash Malhotra]], a Supreme Court senior advocate and author, and Satya Malhotra, was born in Bangalore on 14 March 1956.<ref>{{Cite web|url=https://www.livelaw.in/columns/justice-indu-malhotra-lady-lawyer-pierces-glass-ceiling-171094|title=Justice Indu Malhotra: The Breaker Of Glass Ceilings|first=Menaka|last=Guruswamy|date=March 12, 2021|website=www.livelaw.in}}</ref> |
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⚫ | Malhotra attended [[Carmel Convent School]], [[New Delhi]],<ref>{{cite news |url=https://www.newindianexpress.com/nation/2022/jan/12/pm-modis-security-breach-probe-all-you-need-to-know-about-ex-sc-judge-justice-indu-malhotra-2406033.html|title=PM Modi's security breach probe: All you need to know about ex-SC Judge Justice Indu Malhotra }}</ref> before studying for a [[Bachelor of Arts]] (Hons.), and subsequently Masters, in political science from [[Lady Shri Ram College]], [[University of Delhi]]. After obtaining her master's degree, she worked briefly as a lecturer in political science at [[Miranda House]] and Vivekananda College, Delhi University.<ref name=LiveLaw>{{Cite web|last=Roy|first=Radhika|date=2021-03-12|title=Important Judgments Of Justice Indu Malhotra|url=https://www.livelaw.in/top-stories/important-judgments-of-justice-indu-malhotra-171108|access-date=2021-03-13|website=www.livelaw.in|language=en}}</ref> |
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⚫ | After obtaining her master's degree, she worked briefly as a lecturer in political science at [[Miranda House]] and Vivekananda College, Delhi University.<ref name=LiveLaw>{{Cite web|last=Roy|first=Radhika|date=2021-03-12|title=Important Judgments Of Justice Indu Malhotra|url=https://www.livelaw.in/top-stories/important-judgments-of-justice-indu-malhotra-171108|access-date=2021-03-13|website=www.livelaw.in|language=en}}</ref> |
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In 1982 she completed a Bachelor of Laws from the Campus Law Centre of the [[Faculty of Law, University of Delhi]].<ref name=LiveLaw /> |
In 1982 she completed a Bachelor of Laws from the Campus Law Centre of the [[Faculty of Law, University of Delhi]].<ref name=LiveLaw /> |
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==Career== |
==Career== |
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⚫ | After serving as legal counsel in the Supreme Court for 30 years, Malhotra was unanimously recommended for appointment as a judge of the Supreme Court.<ref>{{Cite news|last=Rajagopal|first=Krishnadas|date=11 January 2018|title=In a first, Collegium recommends woman advocate for direct appointment as SC judge|newspaper=The Hindu|url=https://www.thehindu.com/news/national/collegium-recommends-two-for-sc-judge-including-woman-lawyer/article22420387.ece|access-date=16 September 2018}}</ref> Her appointment was confirmed and ordered by the government on 26 April 2018; she was the first woman judge to be elevated directly from the bar.<ref>{{Cite news|date=11 January 2018|title=Collegium recommends Indu Malhotra, KM Joseph J. for appointment to Supreme Court|newspaper=Bench & Bar|location=Bangalore, India|url=https://barandbench.com/collegium-recommends-indu-malhotra-km-joseph-j-appointment-supreme-court/|url-status=live|access-date=12 January 2018|archive-url=https://archive.today/20240528081629/https://www.webcitation.org/6z2vUxepd?url=https://barandbench.com/collegium-recommends-indu-malhotra-km-joseph-j-appointment-supreme-court/|archive-date=28 May 2024|df=dmy}}</ref> Malhotra retired on 13 March 2021.<ref>{{Cite web|author=Dhananjay Mahapatra|date=Mar 13, 2021|title=Choking with emotion, Justice Malhotra bids adieu to Supreme Court with tears {{!}} India News - Times of India|url=https://timesofindia.indiatimes.com/india/choked-with-emotion-justice-indu-malhotra-retires-from-sc/articleshow/81463483.cms|access-date=2021-03-13|website=The Times of India|language=en}}</ref> |
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Malhotra was appointed as the Standing Counsel for the [[State of Haryana]] in the Supreme Court from 1991 to 1996. She represented various statutory corporations before the Supreme Court, including the Securities Exchange Board of India (SEBI), [[Delhi Development Authority]] (DDA), [[Council for Scientific and Industrial Research]] (CSIR), and [[Indian Council for Agricultural Research]] (ICAR). In 2007, she was designated senior advocate by the Supreme Court of India. She became the second woman to be designated by the Supreme Court after a gap of over 30 years. She has been appointed [[amicus curiae]] by different benches of the Supreme Court in some matters. Recently, she was appointed as an amicus for restoration of Jaipur as a heritage city. |
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Malhotra specializes in the law of arbitration, and has appeared in various domestic and international commercial arbitrations. In December 2016, Indu was made a member of the High Level Committee (HLC) in the [[Ministry of Law and Justice (India)|Ministry of Law and Justice]] to review institutionalization of the arbitration mechanism in India.{{citation needed|date=March 2021}} |
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⚫ | After serving as legal counsel in the Supreme Court for 30 years, Malhotra was unanimously recommended for appointment as a judge of the Supreme Court.<ref>{{Cite news|last=Rajagopal|first=Krishnadas|date=11 January 2018|title=In a first, Collegium recommends woman advocate for direct appointment as SC judge|newspaper=The Hindu|url=https://www.thehindu.com/news/national/collegium-recommends-two-for-sc-judge-including-woman-lawyer/article22420387.ece|access-date=16 September 2018}}</ref> |
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==Important cases== |
==Important cases== |
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{{importance section|date=March 2024}} |
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{{more citations needed section|date=March 2024}} |
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* [[Navtej Singh Johar v. Union of India|Navtej Singh Johar <abbr>&</abbr> <abbr>Ors.</abbr> versus Union of India]] (2018) |
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[[File:O.P.Malhotra on Law and Practise of Arbitration, 2014.jpg|thumb|O.P.Malhotra on Law and Practice of Arbitration and Conciliation, 2014]] |
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⚫ | Her dissenting note on the majority judgement for allowing women's entry in to the famous Sabari mala temple received wide attention. As the sole women justice on the panel she noted in her dissenting judgement that "what constitutes an essential religious practice is for the religious community to decide" and not a matter that should be decided by the courts. She added that "notions of rationality cannot be invoked in matters of religion by courts".<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/sabarimala-verdict-5-key-reasons-why-justice-indu-malhotra-differed-with-majority-view/articleshow/65997997.cms|title=Sabarimala verdict: 5 key reasons why Justice Indu Malhotra differed with majority view - Times of India|work=The Times of India|access-date=2018-11-24}}</ref><ref>{{Cite news|url=https://indianexpress.com/article/india/sabarimala-verdict-justice-indu-malhotra-dissents-cant-invoke-rationality-in-religion-5378873/|title=Sabarimala verdict: Justice Indu Malhotra dissents — Can't invoke rationality in religion|date=2018-09-29|work=The Indian Express|access-date=2018-11-24|language=en-US}}</ref> |
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Justice Malhotra was a part of the 5 justices constitutional bench of the [[Navtej Singh Johar v. Union of India|historical judgment that decriminalized consensual same sex relationships in India]] and extended [[Article 15 of the Constitution of India]] to include sexual orientation and gender identity.{{citation needed|date=August 2021}} The same bench comprising her, declared the section 497 of IPC as unconstitutional. Justice Malhotra was part of the two-judge panel that awarded the shebaitship of [[Padmanabhaswamy Temple]] to the [[Travancore Royal family]] in 2020.{{citation needed|date=August 2021}} |
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==Membership of committees and nominations== |
==Membership of committees and nominations== |
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Malhotra has been a member of various committees constituted by the Supreme Court from time to time, including the Vishakha Committee.<ref>{{cite news|title=Looking into harassment complaints by lawyers: SC panel|url= http://indianexpress.com/article/cities/delhi/looking-into-harassment-complaints-by-lawyers-sc-panel/|website=Indianexpress.com|access-date=18 June 2014|date=1 February 2014}}</ref> |
Malhotra has been a member of various committees constituted by the Supreme Court from time to time, including the Vishakha Committee.<ref>{{cite news|title=Looking into harassment complaints by lawyers: SC panel|url= http://indianexpress.com/article/cities/delhi/looking-into-harassment-complaints-by-lawyers-sc-panel/|website=Indianexpress.com|access-date=18 June 2014|date=1 February 2014}}</ref> |
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==Social work== |
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Justice Malhotra is a trustee of the [[SaveLIFE Foundation]],<ref>{{Cite web |url=http://savelifefoundation.org/board-of-trustees/ |title=Board of Trustees |access-date=18 June 2014 |archive-url=https://web.archive.org/web/20140607023851/http://savelifefoundation.org/board-of-trustees/ |archive-date=7 June 2014 |url-status=dead }}</ref> a non-profit, [[non-governmental organisation]] which aims to prevent traffic accidents, and to formulate a system for providing immediate post-accident response to save the life of victims of traffic accidents. |
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==Publications and academic pursuits== |
==Publications and academic pursuits== |
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Malhotra has authored a Commentary on the Law and Practice of Arbitration in India, which was released on 7 April 2014 <ref>{{cite web|url=http://globalarbitrationreview.com/journal/article/32783/delhi-white-industries-spotlight|title=GAR Article: DELHI: White Industries in the spotlight|website=Globalarbitrationreview.com|access-date=16 September 2018}}</ref> by the Chief Justice of India.<ref>{{cite news|title= Dire need of professionalism in dealing with arbitration: CJI|url= http://www.business-standard.com/article/pti-stories/dire-need-of-professionalism-in-dealing-with-arbitration-cji-114040701254_1.html|access-date=18 June 2014|newspaper=Business Standard|date=7 April 2014}}</ref> |
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She has published articles in various journals and magazines. |
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==Bibliography== |
==Bibliography== |
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* ''The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act'' (1996)<ref>[https://books.google.com/books?id=gzQuAAAACAAJ& |
* ''The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act'' (1996)<ref>[https://books.google.com/books?id=gzQuAAAACAAJ&q=The+Law+and+Practice+of+Arbitration+and+Conciliation Google Books: "The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act"]. Retrieved 18 August 2014</ref> |
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==References== |
==References== |
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{{Reflist}} |
{{Reflist}} |
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{{Sitting Judges of the Supreme Court of India}} |
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{{authority control}} |
{{authority control}} |
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[[Category:1956 births]] |
[[Category:1956 births]] |
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[[Category:Living people]] |
[[Category:Living people]] |
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[[Category:Faculty of Law, University of Delhi alumni]] |
[[Category:Faculty of Law, University of Delhi alumni]] |
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[[Category:Indian Senior Counsel]] |
[[Category:Indian Senior Counsel]] |
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[[Category:Lady Shri Ram College alumni]] |
[[Category:Lady Shri Ram College alumni]] |
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[[Category:Scholars from Bangalore]] |
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Latest revision as of 18:18, 3 June 2024
Indu Malhotra | |
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Judge of the Supreme Court of India | |
In office 27 April 2018[1] – 13 March 2021 | |
Nominated by | Dipak Misra |
Appointed by | Ram Nath Kovind |
Personal details | |
Born | [2] Bangalore, Mysore State, India | 14 March 1956
Alma mater | Campus Law Centre, Faculty of Law, University of Delhi |
Indu Malhotra is a retired judge and senior counsel of the Supreme Court of India. She was the second woman to be designated as senior advocate by the Supreme Court.[3] She was the first woman advocate to be elevated as a judge of the Supreme Court of India directly from the bar.[4] She also authored the third edition of The Law and Practice of Arbitration and Conciliation (2014).[5]
Early life and education
[edit]Indu Malhotra, the youngest child of Om Prakash Malhotra, a Supreme Court senior advocate and author, and Satya Malhotra, was born in Bangalore on 14 March 1956.[6]
Malhotra attended Carmel Convent School, New Delhi,[7] before studying for a Bachelor of Arts (Hons.), and subsequently Masters, in political science from Lady Shri Ram College, University of Delhi. After obtaining her master's degree, she worked briefly as a lecturer in political science at Miranda House and Vivekananda College, Delhi University.[8]
In 1982 she completed a Bachelor of Laws from the Campus Law Centre of the Faculty of Law, University of Delhi.[8]
Career
[edit]Malhotra joined the legal profession in 1983, and was enrolled with the Bar Council of Delhi.[8] In 1988 she qualified as an advocate-on-record in the Supreme Court, and secured the first position in the examination.[8] After serving as legal counsel in the Supreme Court for 30 years, Malhotra was unanimously recommended for appointment as a judge of the Supreme Court.[9] Her appointment was confirmed and ordered by the government on 26 April 2018; she was the first woman judge to be elevated directly from the bar.[10] Malhotra retired on 13 March 2021.[11]
Important cases
[edit]This section may contain information not important or relevant to the article's subject. (March 2024) |
This section needs additional citations for verification. (March 2024) |
Some of the important cases in which Malhotra had appeared are:
- Navtej Singh Johar & Ors. versus Union of India (2018)
- Joseph Shine versus Union of India (2018)
- India Oxygen v. Collector of Central Excise [1998 Suppl. SCC 658]
- Union of India v. Harjeet Singh Sandhu [(2001) 5 SCC 593]
- SBP & Co. v. Patel Engineering Ltd. [(2005) 8 SCC 618]
- Jaya Shah v. Bombay Stock Exchange [(2004) 1 SCC 160]
- Harshad C. Modi v. DLF [(2005) 7 SCC 791]
- Everest Copiers v. State of Tamil Nadu [(1996) 5 SCC 390]
- Khaleel Ahmed Dakhani v. Hatti Gold Mines Co. Ltd. [(2000) 3 SCC 755]
- Harish Verma & Ors. v. Ajay Srivastava [(2003) 8 SCC 69]
- Hindustan Poles Corporation v. Commissioner of Central Excise [(2006) 4 SCC 85]
- R. Kalyani v. Janak C. Mehta & Ors. [(2009) 1 SCC 516]
- Ramesh Kumari v. State (NCT of Delhi)
- Booz Allen Hamilton Inc. v. S.B.I. Home Finance Ltd. & Ors [(2011) 5 SCC 532]
- Yograj Infrastructure Ltd. v. Ssang Yong Engineering & Construction Co. Ltd. [(2011) 9 SCC 735]
- Union of India v. Master Construction Co. [(2011) 12 SCC 349]
- P.R. Shah, Shares and Stock Broker (P) Ltd. v. B.H.H. Securities (P) Ltd. [(2012) 1 SCC 594]
- A.C. Narayanan v. State of Maharashtra [(2013) 11 SCALE 360]
- Pune Municipal Corporation & Another v. Harakchand Misirimal Solanki & Others, [(2014) 3 SCC 183].
Her dissenting note on the majority judgement for allowing women's entry in to the famous Sabari mala temple received wide attention. As the sole women justice on the panel she noted in her dissenting judgement that "what constitutes an essential religious practice is for the religious community to decide" and not a matter that should be decided by the courts. She added that "notions of rationality cannot be invoked in matters of religion by courts".[12][13]
Membership of committees and nominations
[edit]Malhotra has been a member of various committees constituted by the Supreme Court from time to time, including the Vishakha Committee.[14]
Publications and academic pursuits
[edit]Malhotra has authored a Commentary on the Law and Practice of Arbitration in India, which was released on 7 April 2014 [15] by the Chief Justice of India.[16]
Bibliography
[edit]- The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act (1996)[17]
References
[edit]- ^ "Indu Malhotra Takes Oath As Supreme Court Judge Amid Row Over Appointments". NDTV. 27 April 2018.
- ^ "Who is Indu Malhotra? First woman lawyer to be directly elevated as Supreme Court judge from Bar". Financialexpress.com. 26 April 2018. Retrieved 16 September 2018.
- ^ "Lady lawyer pierces glass ceiling". Times of India. 9 August 2007. Retrieved 7 April 2014.
- ^ "Praise for justice Indu Malhotra days before her retirement". Hindustan Times. 11 March 2021. Retrieved 4 September 2021.
- ^ Srivats, K. R. (7 April 2014). "Arbitrators need to play more active role, says CJI". The Hindu "Business Line". Retrieved 18 June 2014.
- ^ Guruswamy, Menaka (12 March 2021). "Justice Indu Malhotra: The Breaker Of Glass Ceilings". www.livelaw.in.
- ^ "PM Modi's security breach probe: All you need to know about ex-SC Judge Justice Indu Malhotra".
- ^ a b c d Roy, Radhika (12 March 2021). "Important Judgments Of Justice Indu Malhotra". www.livelaw.in. Retrieved 13 March 2021.
- ^ Rajagopal, Krishnadas (11 January 2018). "In a first, Collegium recommends woman advocate for direct appointment as SC judge". The Hindu. Retrieved 16 September 2018.
- ^ "Collegium recommends Indu Malhotra, KM Joseph J. for appointment to Supreme Court". Bench & Bar. Bangalore, India. 11 January 2018. Archived from the original on 28 May 2024. Retrieved 12 January 2018.
- ^ Dhananjay Mahapatra (13 March 2021). "Choking with emotion, Justice Malhotra bids adieu to Supreme Court with tears | India News - Times of India". The Times of India. Retrieved 13 March 2021.
- ^ "Sabarimala verdict: 5 key reasons why Justice Indu Malhotra differed with majority view - Times of India". The Times of India. Retrieved 24 November 2018.
- ^ "Sabarimala verdict: Justice Indu Malhotra dissents — Can't invoke rationality in religion". The Indian Express. 29 September 2018. Retrieved 24 November 2018.
- ^ "Looking into harassment complaints by lawyers: SC panel". Indianexpress.com. 1 February 2014. Retrieved 18 June 2014.
- ^ "GAR Article: DELHI: White Industries in the spotlight". Globalarbitrationreview.com. Retrieved 16 September 2018.
- ^ "Dire need of professionalism in dealing with arbitration: CJI". Business Standard. 7 April 2014. Retrieved 18 June 2014.
- ^ Google Books: "The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act". Retrieved 18 August 2014