Ekta, Author at SCC Times

independence and impartiality of arbitrator

Read why Bombay HC dismissed petition seeking substitution of Arbitrator over independence and impartiality; highlights Arbitrator’s impeccable conduct

“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”

Case Briefs High Courts

Read why Gujarat HC upheld acquittal in SC/ST Atrocity Case over absence of ‘public view’ and ‘intentional insult’

“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”

Case Briefs High Courts

READ WHY Madras HC ordered fresh investigation in POCSO case despite negative DNA report of the accused

“POCSO offences are grave and demand stringent punishments along with meticulous investigations to deliver justice. It is imperative for the prosecution to conduct thorough and proper investigations reflecting the severity of these offences.”