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Tag Archives: court

Legal Shorts; SC: S. 2(c)- “Court”- Scope and jurisdiction of arbitrator- Held, arbitrator is not a court.

Though arbitration is an alternative forum for resolution of disputes but an arbitrator does not enjoy or posses all powers conferred on courts of law- Being outcome of an agreement, arbitrator decides disputes as per the agreement entered into between the parties (Para 10). Case: Union of India Vs. Ambica …

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Legal Shorts; SC: S.306 – “Cruelty” – Cruelty leading to abetment of suicide by wife – Strange reasoning by trial court to hold appellant – accused (husband) guilty for cruelty.

Reasons given were: (i) that an educated girl (deceased) of business community was left in a village life (after marriage with appellant) and in the house of a lower community people (appellant’s family) whose way of living, whose way of talking, whose way of behaviour was not on a par …

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Whether judiciary is state under Article 12 of the Constitution?

The judiciary although an organ of the State like Executive and Legislature is not specifically mentioned in Article 12. So the question often arises whether or not judiciary is state under Article 12. What if the Court violates the Fundamental Right enshrined in our constitution with utmost care. The controversy …

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Separating grain from the chaff in Criminal Jurisprudence

H.C. Underhill writes in his Book “A Treatise on the Law of Criminal Evidence” that the judges shall determine the weight to be given to the testimony of witness by their demeanour in the stand, their interest in the case, the probability and improbability of their testimony, its corroboration, the …

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