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 …Read More »
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 …Read More »
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 …Read More »
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 …Read More »
The term approver is neither defined nor used under Criminal Procedure Code but is usually applied to a person, supposed to be directly or indirectly concerned in or privy to an offence to whom a pardon is granted under section 306 of CrPC with a view to securing his testimony …Read More »
This section is an exception to the rule as regard the exclusion of opinion evidence. If a witness is permitted to express his opinion, it would amount to delegation of judicial function. A witness has to state fact which he has seen, heard, or perceived and not the conclusion which …Read More »