Om Prakash Malhotra (advocate)

Last updated
Om Prakash Malhotra
Died31 January 2013
Occupation Lawyer
Children Indu Malhotra

Om Prakash Malhotra also known as O.P. Malhotra(died 2013) was a Senior Advocate in the Supreme Court of India, and a distinguished author who brought out the treatise on the Law of Industrial Disputes and authored commentary on the Law & Practice of Arbitration and Conciliation.

Contents

Personal life

Om Prakash Malhotra had his degree education in Lahore University of Punjab and completed his degree in law from Government Law College, Bangalore. [1] His daughter Indu Malhotra is a former Judge of the Supreme Court of India. [2] He died on 31 January 2013. [1]

Career

Malhotra started his law career started in Bangalore High Court and later practiced in both the Delhi High court and Supreme Court. [1]

Books

He published six editions of this commentary which received wide acclaim. [1]

Related Research Articles

<i>R v Kirby; Ex parte Boilermakers Society of Australia</i>

R v Kirby; Ex parte Boilermakers' Society of Australia, known as the Boilermakers' Case, was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association.

Commonwealth Court of Conciliation and Arbitration Australian court (1904 to 1956)

The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law.

Malhotra is a Khatri surname name belonging to Dhai Ghar caste in Indian subcontinent. It is modified usage of Mehrotra,. Mehrotra is a modified form of Mehra in and around present day Uttar Pradesh State of India because here Mehra has a lower caste connotation.

Federal Court of Australia Australian superior federal court

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law, along with some summary and indictable criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is equal to the Family Court of Australia, and superior to the Federal Circuit Court. It was established in 1976 by the Federal Court of Australia Act.

Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. Enacted on 11 March 1947 and It came into force 1 April 1947. It was replaced by the Industrial Relations Code, 2020.

Makhdoom Ali Khan Pakistani lawyer (born 1954)

Makhdoom Ali Khan, is a practising Senior Advocate Supreme Court. Makhdoom Ali Khan is a former Attorney General of Pakistan, former chairman Pakistan Bar Council, former member of the Law and Justice Commission of Pakistan, former board member of the Federal Judicial Academy of Pakistan and a former board member of the Sindh Judicial Academy. He is a serving Member on the Governing Board of the British Pakistan Law Council, an Officer of the Board of the Forum for International Conciliation and Arbitration (FICACIC), a member of the Board of Trustees of the Dubai International Arbitration Centre, a member of the Advisory Board of the Citizens Police Liaison Committee (CPLC), a former member of the court of the London Court of International Arbitration and a member of the International Centre for Settlement of Investment Dispute's (ICSID) Chairman's Panel of Arbitrators. He has consistently been ranked amongst the top three litigators in Pakistan over the last three decades both by reputation and in international rankings in legal publications and amongst the top two litigators in the Sindh High Court in Karachi. Since his return to private practice in 2007 he is globally regarded as the preeminent commercial, taxation and constitutional litigator, arbitrator and arbitration lawyer in Pakistan.

Ajit Prakash Shah

Ajit Prakash Shah is the former Chairman of the 20th Law Commission of India. He was the Chief Justice of Delhi High Court from May 2008 till his retirement in February 2010.

Patibandla. Chandrasekhara Rao was an Indian jurist. He was from Veerullapadu Village Guntur-Krishna District region of coastal Andhra Pradesh of what was then called Madras Presidency.

The Employment Court of New Zealand is a specialist court for employment disputes. It mainly deals with issues arising under the Employment Relations Act 2000. The Employment Court is a court of record and has equal standing to the High Court of New Zealand.

Gopal Subramanium Senior advocate in the Supreme Court of India

Gopal Subramanium is an Indian lawyer, international arbitrator, academic and Senior Advocate who practices primarily in the Supreme Court of India and the Delhi High Court. He served as the Solicitor General of India 2009–2011 and Additional Solicitor General of India 2005–2009. He served as Chairman of the Bar Council of India 2010–2011.

Dalveer Bhandari Judge of International Court of Justice

Dalveer Bhandari is an Indian member of the International Court of Justice. He is a former Judge of Supreme Court of India. He is also the former Chief Justice of Bombay High Court and a Judge of Delhi High Court.

K. M. Joseph Judge of Supreme Court of India

Kuttiyil Mathew Joseph is a Judge of Supreme Court of India. He is former Chief Justice of Uttarakhand High Court. Before his appointment as Chief Justice of the High Court of Uttarakhand on 31 July 2014, he had served as a Judge of Kerala High Court for more than 9 years.

<i>Jumbunna Coal Mine NL v Victorian Coal Miners Association</i>

Jumbunna Coal Mine NL v Victorian Coal Miners' Association is a landmark Australian judgment of the High Court. The matter related to the Commonwealth Government's power to make laws for the conciliation and arbitration of interstate industrial disputes under subsection 51(xxxv) of the Australian Constitution and the incidental power under subsection 51(xxxix), but in reaching a decision set principles on matters of statutory interpretation affecting the Constitution.

Justice Abhay Kumar Gohil is an arbitrator who is holding international and domestic arbitration matters. He is a former judge of Madhya Pradesh High Court and was also a chairman of Appellate Authority for Industrial and Financial Reconstruction (AAIFR), New Delhi. He was also chairman of Inquiry Commission in Karnataka.

Indu Malhotra Former Judge of Supreme Court of India

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. She was the first woman advocate to be elevated as a judge of the Supreme Court of India directly from the bar. She also authored the third edition of The Law and Practice of Arbitration and Conciliation (2014).

National Company Law Tribunal Quasi-judicial body in India that adjudicates issues regarding Indian companies. Established under the Companies Act 2013

The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.

The 'Arbitration and Conciliation Act 1996' is an Act that regulates domestic arbitration in India. It was amended in 2015 and 2019.

<i>R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP</i>

R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP, was an early decision of the High Court of Australia concerning the jurisdiction of the Commonwealth Court of Conciliation and Arbitration in which the High Court controversially, granted prohibition against the Arbitration Court to prevent it from enforcing aspects of an industrial award. The High Court held that the Arbitration Court had gone beyond settling the dispute that had been submitted to it and in doing so had made a jurisdictional error.

<i>Australian Boot Trade Employees Federation v Whybrow & Co</i>

Australian Boot Trade Employees Federation v Whybrow & Co, commonly known as Whybrow's case or the Boot Trades case was the third of a series of decisions of the High Court of Australia in 1910 concerning the boot manufacturing industry and the role of the Commonwealth Court of Conciliation and Arbitration in preventing and settling industrial disputes. In doing so the High Court considered the constitutional power of the Federal Parliament to provide for common rule awards and the jurisdiction of the High Court to grant prohibition against the Arbitration Court. The majority held in Whybrow that the Arbitration Court could not make an award that was inconsistent with a State law, but that different minimum wages were not inconsistent as it was possible to obey both laws. In Whybrow the High Court established the doctrine of ambit, with the emphasis on the precise claim made and refused, and the practice with respect to "paper disputes" being treated "prima facie as genuine and real", with the majority holding that the High Court had power to order prohibition to correct jurisdictional error as part of its original jurisdiction. Finally in Whybrow the High Court unanimously held that the Federal Parliament had no constitutional power to provide for common rule awards.

Commonwealth Industrial Court

The Commonwealth Industrial Court, known as the Australian Industrial Court from 1973, was a specialist court to deal with industrial matters, principally the enforcement of awards and orders of the Commonwealth Conciliation and Arbitration Commission. Over time it took on more matters and its judges were allocated a wide range of judicial tasks until it was replaced in 1977 by the Federal Court of Australia which had a more general jurisdiction covering matters arising under Australian federal law.

References

  1. 1 2 3 4 "Obituary Speech at Delhi High Court" (PDF). Delhi High Court. Retrieved 2018-04-29.
  2. 1 2 "Activist & expert arbitrator, meet Indu Malhotra, 1st woman lawyer to become SC judge". ET Online. Economic Times. 26 April 2018.
  3. Malhotra, Om Prakash (March 14, 1973). "The Law of Industrial Disputes". N. M. Tripathi via Google Books.
  4. Malhotra, Om Prakash (March 14, 2006). The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act, 1996. LexisNexis Butterworths. ISBN   9788180381201 via Google Books.