Showing : 411-420 of 1089 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Circumstantial evidence - Non-production of CCTV footage - Prosecution failed to produce CCTV footage of hotel where accused stayed, which is an important piece of evidence - Adverse inference drawn against prosecution u/s 114(g) of Evidence Act that prosecution withheld it as same was..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 323, 326, 34-- Voluntarily causing hurt/ grievous hurt - High Court committed grave error by showing undue sympathy to accused by reducing sentence to period already undergone - Accused caused injuries to complainant with gandasa which is simple and grievous in nature - Meager sentence imposed solely on account..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34(2)(b)(ii)-- Arbitral award - Conflict with public policy of India - Where question arises out of a conflict between an action under a State Law and an action under a Central Law, the term public policy of India must necessarily be understood as being referable to policy of Union...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 16-- Arbitration award - Setting aside - Objection as to jurisdiction - Not permissible to be raised after filing of written statement - There is prohibition on a party from raising a plea that Tribunal does not have jurisdiction after the party has submitted its statements of defence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 364A, 34, Evidence Act, 1872, Section 9-- Kidnapping for ransom - Test identification parade - Accused kidnapped a boy aged 6 years and demanded Rs.10 Lakhs - Sum of Rs.6 lakhs paid to accused who released the boy - Father of victim is natural and more important witness as he explained in what manner he reached the place where his son was..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Arbitral tribunal must decide in accordance with the terms of contract but if an arbitrator construes a term of contract in reasonable manner, it will not mean that award can be set aside on this ground...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy Test - When a Court is applying public policy test to an arbitration award it does not act as a Court of appeal and errors cannot be corrected - Arbitrator is ultimate master of quantity and quality of evidence to be relied upon when he delivers..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - None of the grounds contained in S.34(2)(a) of Arbitration Act deal with merits of decision rendered by arbitral award - It is only when award is in conflict with public policy of India then merits of an arbitral award are to be looked into..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks..........

Showing : 411-420 of 1089 Results