Whether arbitrator should decide the application for interim relief in arbitration relying on principles for grant of temporary injunction?

Law web/ Oktober 3, 2020/ Indian Law

Being an arbitral tribunal and having a trooping of Civil Court, while making decisions, the arbitral tribunal has to follow the procedure as contemplated under law.  If any interim Order of injunction is to be passed exparte, certainly, the tribunal h…

Under which circumstances the court can rely on the identification of accused before the court in absence his test identification parade?

Law web/ Oktober 2, 2020/ Indian Law

Learned counsel for the appellant has argued at length to contend that the appellant was falsely implicated on the basis of wrong identification of the child victims and that dock identification for the first time in Court, in absence of any TIP, has n…

Whether court can permit accused to return to his country even though there is no extradition treaty between India and that country?

Law web/ Oktober 2, 2020/ Indian Law

 Undoubtedly, as observed by the learned Revisional Court vide the impugned order dated 30.5.2020 in CR No. 881/2019 there is no extradition treaty between India and the Republic of Kyrgyzstan. However, placed on record is the Treaty between the Republ…

Whether the court can acquit accused in case of circumstantial evidence if the prosecution fails to prove motive for the offence?

Law web/ September 27, 2020/ Indian Law

 Now so far as the submission on behalf of the accused thatin the present case the prosecution has failed to establish andprove the motive and therefore the accused deserves acquittal isconcerned, it is true that the absence of proving the motivecannot…

Whether court can hold a person guilty for criminal conspiracy if supplies Sim Card to other accused?

Law web/ September 27, 2020/ Indian Law

  The role of the appellantmentioned by the prosecution is that theappellant facilitated procurement of SIMcard on the request made by accused-AshokJatav. This sim card, it is stated, wasallegedly used by accused Ashok Jatav andhis colleagues in the co…