LegalMines

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[Issue No.:53(4)  / 2022]

Arbitrium est judicium: It is a Latin maxim which means ‘an award is a judgment’. An award is decision of the arbitrator. Awards mainly refers to one of the means of dispute resolution in the commercial sphere while judgment is not limited to the commercial/ civil matters.  Though an award is analogous to judgment but not the same as award is given by the non-judicial persons while judgment is pronounced by the judicial persons.

Article 22 (1) of the Indian Constitution says an arrested person cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice. According to Section 50 of the Criminal Procedure Code (CRPC), any person arrested has to be informed of the grounds of arrest and has the right to bail. However, under National Security Act, none of these rights are available to the person detained. The government holds the right to conceal information which it considers to be against public interest to disclose. Further, the detained person is not entitled to any legal aid. Moreover, the National Crime Records Bureau (NCRB), which collects crime data in India, does not include cases under the NSA as no FIRs are registered.

(1)   Jagjeet Singh and Ors. Vs. Ashish Mishra @ Monu and Anr. (18.04.2022): The full Bench of the Hon’ble Supreme Court of India while affirming the right of an accused to seek bail, observed that no accused can be subjected to unending detention pending trial, especially when there is the presumption of innocence. The bench further observed that there are several case laws which recognized the legitimacy of seeking liberty from incarceration, regardless of the stringency of the penal provisions.

(2)   Tehseen S Poonawalla Vs. Union of India (17-07-2018)– This case relates to guidelines on mob lynching. Factually, several incidents of mob lynching had happened in India in the name of cow vigilantism and disturbed by these events, three individuals namely Mohanbhai Hamir Bhai Bedva, Matin Macwan, a Dalit rights activist, and Tehseen Poonawalla, a social activist, filed a writ petition under Article 32 of the Indian Constitution. The bench (comprising Chief Justice Dipak Misra, A.M Khanwilkar, and Dr. D.Y. Chandrachud) of the Hon’ble Supreme Court of India addressing all the sensitive issues issued certain preventive, remedial and punitive guidelines covering the area of preventive, remedial, and punitive measures to suppress the activities of lynching in the country. The Supreme Court held that law enforcement agencies must look after the proper administration of law and no private individual shall be allowed to take law in their hands or to behave in a fashion that they are the law themselves.

[i]. The Code of Criminal Procedure, 1973

(1)      As per Section____of the Cr.P.C., 1973, all offences under the Indian Penal Code, 1860 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of the Code of Criminal Procedure—Section 4

(2)      As per Section______of the Cr.P.C, 1973, no statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it—Section 162

(3)      As per Section_____of the Cr.P.C, 1973, any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose at any inquiry or trial in respect of any offence under investigation at the time when such statement was made—Section 162.

(4)      When any witness is called for the prosecution in any inquiry or trial whose statement has been reduced into writing under Section 162 of the Cr.P.C., any part of his statement, if duly proved, may be used by the accused to contradict such witness in the manner provided by Section ______ of the Indian Evidence Act, 1872 –Section 145 (Refer Section 162 of the Cr.P.C.,1973).

(5)      True/ False: When any witness is called for the prosecution in any inquiry or trial whose statement has been reduced into writing under Section 162 of the Cr.P.C., any part of his statement, if duly proved, may be used by the prosecution sans the permission of the Court to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act, 1872 –False (Permission of the Court is required; Refer Section 162 of the Cr.P.C.,1973)

[ii]. The Code of Procedure Code, 1908

(1)      The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow. It is so provided under Section____of the CPC, 1908—Section 33

(2)      As per Rule_____to Order I, the Court has power to order separate trial where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit—Rule 2 to Order I.

(3)      True/ False: Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them—True (Refer Rule 1 to Order-II of the CPC, 1908)

(4)      True/ False: Where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient in the interests of justice—True (Refer Rule 6 to Order-II of the CPC, 1908)

(5)      Which Order of the CPC, 1908 deals with the recognized agents and pleaders?—Order III

[iii]. The Indian Evidence Act, 1872

(1)      True/ False: Facts not otherwise relevant are relevant if they are inconsistent with any fact in issue or relevant fact—True (Refer Section 11 of the IEA,1872)

(2)      Facts not otherwise relevant are relevant if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. It is so mandated under Section______of the IEA?—Section 11.

(3)      When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant under Section____of the IEA?—Section 15.

(4)      True/False: Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document, or unless the genuineness of a document produced is in question—True. (Refer Section 22 of the IEA,1872)

(5)      As per Section_____of the IEA, 1872, no confession made to a police-officer, shall be proved as against a person accused of any offence—Section 25

(1)        Constitution of India, 1950: Article 21-A relating to right to education was inserted in the Constitution of India by which Constitutional Amendment?—Constitution (Eighty-sixth Amendment) Act, 2002.

(2)      Indian Penal Code, 1860: True/ False: A consent is not such a consent, if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent—True (Refer Section 90 of the IPC, 1860).

(3)      Transfer of Property Act, 1882 Doctrine of election is incorporated under Section_____of the Transfer of Property Act, 1882—Section 35

(4)      Indian Contract Act, 1872: A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes _______(void/ voidable) when the act becomes impossible or unlawful—Void (Refer Section 56 of the ICA, 1872)

(5)      Partnership Act, 1932:  True/ False: The term “third party” used in relation to a firm or to a partner therein means any person who is not a partner in the firm—True (Refer Section 2(d) of the Partnership Act, 1932)

(6)      Sale of Goods Act, 1930: True/ False: Apart from any express contract, the seller of goods is generally bound to delivery them without applying by the buyer for delivery thereof—False (Refer Section 35 of the SOGA,1930)

(7)      Specific Relief Act, 1963: True/ False: The circumstances that the contract has become incapable of specific performance does not preclude the court from awarding compensation—True (Refer Section 21 of the SRA, 1963)

(8)      Negotiable Instrument Act, 1881: A bill of exchange is said to be dishonoured by _______________when the drawee, or one of several drawees not being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted— Dishonoured by non-acceptance  (Refer Section 91 of the NI Act, 1881)

(1)      The first session of Constituent Assembly took place on which dates?—From 9 to 23 December, 1946.

(2)      The decision of an inferior court or tribunal can be quashed when there is an error of law, by issuing which writ?— Writ of Certiorari.

(3)      Who was the Vice President of the executive council formed during the interim government in 1946?—J. L. Nehru.

(4)      Which writ is issued by the court to enquire into the legality of claim of a person to a public office?—Writ of Quo-Warranto.

(5)      Which amendment empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order?—42^nd Amendment Act, 1976.