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Latest Judgments

Saturday, March 22, 2014
Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996 — Section 32 r/w Section 14 and Section 2(1)(e) — The question whether the mandate of the arbitrator stood legally terminated or not can be examined by the court.

 
Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996 — Section 32(3) — Mandate of arbitral tribunal — By virtue of Section 32(3), on the termination of the arbitral proceedings, the mandate of the arbitral tribunal also comes to an end.

 
Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996 — Section 32 — Termination of arbitral proceedings — From the language of Section 32, it can be seen that arbitral proceedings get terminated either in the making of the final arbitral award or by an order of the arbitral tribunal under sub-Section 2 — Sub-section (2) provides that the arbitral tribunal shall issue an order for the termination of the arbitral proceedings in the three contingencies mentioned in sub clauses (a) to (c) thereof.

 
Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996 –Section 14(2) — Held, Section 14(2) provides that if there is any controversy regarding the termination of the mandate of the arbitrator on any of the grounds referred to in the clause (a) then an application may be made to the Court – “to decide on the termination of the mandate”. 

 
Thursday, March 20, 2014
Order of acquittal

Order of acquittal — In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal — The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court’s acquittal bolsters the presumption of his innocence — Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.

 
Criminal Procedure Code, 1973

Criminal Procedure Code, 1973 — Section 313 — The accused has a duty to furnish an explanation in his statement under Section 313 Cr.P.C. regarding any incriminating material that has been produced against him — If the accused has been given the freedom to remain silent during the investigation as well as before the court, then the accused may choose to maintain silence or even remain in complete denial when his statement under Section 313 Cr.P.C. is being recorded — However, in such an event, the court would be entitled to draw an inference, including such adverse inference against the accused as may be permissible in accordance with law.