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Showing posts with the label Law Notes

Identification Parade

                Identification Parade     Ø What is Test Identification Parade A test identification parade, is a procedure commonly used in criminal cases to identify the accused in a court of law. Witnesses play a crucial role in this process as it’s their responsibility to recognize the accused among a group of individuals presented in the parade. The main purpose of this procedure is to assess whether the witness can accurately identify the accused from a group of people. This helps establish the witness’s reliability in identifying an unknown person in relation to the context of the crime. Law enforcement frequently employs this method to verify the witness’s credibility, especially in cases where the witness has never encountered the accused except at the crime scene. Ø Purpose of Test Identification Parade In the case of Ramkishan vs Bombay State [AIR 1955 SC 104], it was established that, during the investigation o...

Discuss the Requirements for a Valid Arbitral Award and the Circumstances under which an Arbitral Award can be Set Aside

     Discuss the Requirements for a Valid Arbitral Award and the Circumstances under which an Arbitral Award can be Set Aside. Ø Can an Arbitral Award be Set Aside The 1996 Act is underpinned by two core provisions aimed at ensuring the efficiency and effectiveness of arbitration proceedings: firstly, the principle of Minimum Judicial Interference, which emphasises limited court intervention; and secondly, the principles of Finality and Enforcement of Awards, which emphasise the conclusive nature of arbitral decisions and the mechanisms for their enforcement. Therefore, when two parties enter into an arbitration agreement as outlined in Section 7 of the 1996 Act, they mutually commit to abiding by the terms of the agreement and if in the event of a future dispute where arbitration is chosen as the resolution method, the decision rendered by the arbitrator becomes conclusive and obligatory for both parties.  However, instances may arise where either one pa...