UN-Resolution on the State of Jammu and Kashmir- August 13,1948

The United Nations Commission for India and Pakistan

Having given careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir; and

Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavors to assist the Governments of India and Pakistan in effecting a final settlement of the situation;

Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:

PART I: CEASE-FIRE ORDER

A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

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Of the judiciary Power in the Roman Government

THE judiciary power was given to the people, to the senate, to the magistrates, and to particular judges. We must see in what manner it was distributed, beginning with their civil affairs.

The consuls had the judiciary power after the expulsion of the kings, as the prætors were judges after the consuls. Servius Tullus had divested himself of the power of determining of civil causes, which was not resumed by the consuls, except in some very rare cases, for that reason called extraordinary. They were satisfied with naming the judges and establishing the several tribunals. By a discourse of Appius Claudius, in Dionysius Halicarnasseus, it appears, that, so early as the 259th year of Rome, this was looked upon as a settled custom among the Romans; and it is not tracing it very high to refer it to Servius Tullus.

Every year, the prætor made a list of such as he chose for the office of judges during his magistracy. A sufficient number was pitched upon for each cause; a custom very near the same as that now practised in England. And what was extremely favourable to liberty was, the prætor’s fixing the judges with the consent of the parties. The great number of exceptions, that can be made in England, amounts pretty near to this very custom.

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Administrative Law: Govt of India Application

Government of india

Ministerial Control

कार्मिक, लोक शिकायत और पेंशन मंत्रालय
Ministry of Personnel, Public Grievances & Pensions Govt of India

Minister in Charge: Shri Narendra Modi, Prime Minister27.05.2014 Till Date

Department of Personnel & Training (DOPT)

The role of the Department of Personnel & Training can be conceptually divided into two parts, In its large nodal role, it acts as the formulator of policy and the watch-dog of the Government ensuring that certain accepted standards and norms, as laid down by it, are followed by all Ministries/Departments, in the recruitment, regulation of service conditions, posting/transfers, deputation of personnel as well as other related issues. Towards this end, guidelines are issued by it for the benefit of all Ministries/Departments and it monitors the implementation of these guidelines. It also advises all organizations of the Central Government on issues of personnel Management. At a more immediate level, the Department has the direct responsibility of being the cadre controlling authority for the IAS and the three Secretariat Services in the Central Secretariat. The Department also operates the Central Staffing Scheme under which suitable officers from All India Services and Group ‘A’ Central Services are selected and then placed in posts at the level of Deputy Secretary/Director and Joint Secretary, on the basis of tenure deputation.

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Birth Day of Jesus was 6th January

Jesus was the most unfortunate man that even his most trusted men were deserted him for money and they never cared to preserve his anything original including his birthday or the day of his capital punishment, under Roman dispensation on the seditious accusation of Jews. From the Bible, we almost do not know anything about Historical Jesus(1). In the same way, we do not know when When Jesus was born.

The date was calculated by Dionysius the Small in 525 CE. He Roman monk of Scythian origin. German astronomer Johannes Kepler (1571–1630) concluded in 1603 that Jesus was supposedly born in 6 BCE. The place of Nazareth not mentioned either by any old testament book or Josephus. Researchers proved that Nazareth[ N’z e- ratt (נְצֶרֶת), or N’tsá-rat -Ναζαρέθ] was a fictitious place or later established [Kryelev I. A. The Bible: a historical-critical analysis. – M., 1982. – Page 170]

According to the Laodicean Council(363), the New Testament included 26 books (except for the Revelation of John). After that, the question of the New Testament canon was discussed at two other councils – Hippo (393) and Carthage (419) – until finally it was finally resolved at 692 at Trull Cathedral. [ Ruslan Khazarzar- “The Son of Man”]

Now regarding his Date of Birth :

Defending the Truth

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GRAND JURY PRACTISE: USA

 

At common law, a grand jury enjoyed a certain power to issue reports alleging non-criminal misconduct. A special grand jury impaneled under Title 18 U.S.C. § 3331 is authorized, on the basis of a criminal investigation (but not otherwise), to fashion a report, potentially for public release, concerning either organized crime conditions in the district or the non-criminal misconduct in office of appointed public officers or employees.grand juries are sometimes described as performing accusatory and investigatory functions, the grand jury’s principal function is to determine whether or not there is probable cause to believe that one or more persons committed a certain Federal offense within the venue of the district court.

9-11.010 – INTRODUCTION

This chapter contains the Justice Department’s policy on grand jury practice.

In dealing with the grand jury, the prosecutor must always conduct himself or herself as an officer of the court whose function is to ensure that justice is done and that guilt shall not escape nor innocence suffer. The prosecutor must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges. The prosecutor’s responsibility is to advise the grand jury on the law and to present evidence for its consideration. In discharging these responsibilities, the prosecutor must be scrupulously fair to all witnesses and must do nothing to inflame or otherwise improperly influence the grand jurors.

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National Identity Card of Pakistan: www.nadra.gov.pk

The National Database and Registration Authority founded on 10 March 2000, is an independent and autonomous agency that regulates government databases and statistically manages the sensitive registration database of all the national citizens of Pakistan. National Database and Registration Authority (NADRA) was established as National Database Organization (NDO), an attached department under the Ministry of Interior, Government of Pakistan in 1998.

National Identity Card (NIC) is issued to the citizens of Pakistan. The unique 13 digit identification number is recognized all over the country. It is the first requirement of individuals as it is mandatory to obtain documents like license, NTN, bank account, passport, cellular connection etc. Every citizen of Pakistan, 18 years and above, is eligible for NIC.

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Population Control Healthcare Law: Myanmar

Myanmar

(Pyidaungsu Hluttaw Law (2015) No. ) 1376ME 2015

The Pyidaunsu Hluttaw (the Union Parliament) now therefore promulgates this law.

Chapter I

Title and Definition

1. This Law shall be called the Population Control Healthcare Law.

2. The following expressions contained in this law shall have the meanings given hereunder –

(a) “Population Control” means attempting to control over high population density, high population growth rate, and high birth rate in the nation;

(b) “Healthcare” means safe population control healthcare. It includes public awareness for birth spacing, pregnancy care, and childbirth, and prevention against and public education on miscarriage and miscarriage-related risks for ensuring a safe maternal and child life;

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Measures taken by Government to prevent Crime against Women -10/12/2019

The Government and Security

Press Information Bureau

Government of India

Measures taken by Government to prevent Crime against Women

New Delhi

December 10, 2019

Union Minister of State for Home Affairs, Shri G. Kishan Reddy, in a written reply to a question regarding crime against women, in Lok Sabha today, said that women safety is a high priority for the Government and several initiatives have been taken for safety of women across the country, which are given below:

The Criminal Law (Amendment), Act 2013 was enacted for effective deterrence against sexual offences. Further, the Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions including death penalty for rape of a girl below the age of 12 years. The Act also inter-alia mandates completion of investigation and trials within 2 months each.

Emergency Response Support System provides a pan-India, single, internationally recognized number (112) based system for all emergencies, with computer aided dispatch of field resources to the location of distress.

Using technology to aid smart policing and safety management, Safe City Projects have been sanctioned in first Phase in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and Mumbai).

The Ministry of Home Affairs (MHA) has launched a cyber-crime portal on 20th September 2018 for citizens to report obscene content.

MHA has launched the ‘National Database on Sexual Offenders’ (NDSO) on 20th September 2018 to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies.

In order to facilitate States/UTs, MHA on 19th February 2019 launched an online analytic tool for police called ‘Investigation Tracking System for Sexual Offences’ to monitor and track time-bound investigation in sexual assault cases in accordance with the Criminal Law (Amendment) Act 2018.

One Stop Centre (OSC) scheme is being implemented across the country since 1st April 2015 which is exclusively designed to provide integrated services such as medical aid, police assistance, legal counselling/ court case management, psycho-social counselling and temporary shelter to women affected by violence under one roof. As per available information, 728 OSCs have been approved by Government of India, 595 OSCs are operational in the country.

In addition to the above-mentioned measures, MHA has issued advisories from time to time with a view to help the States/UTs to deal with crimes against women, which are available at http://www.mha.gov.in.


SNC/VM

Tihar Jail Hanging Rules and Procedures

PRISONERS SENTENCED TO DEATH

Intimation to Delhi Administration on admission and Execution of a death sentenced Prisoner in jail— (i) On admission of a convict sentenced to death in a prison, the Superintendent shall report the admission to the Administration. The Superintendent shall also report to the to the Administration the date fixed for his execution by the court of sessions on confirmation of the sentence of death by the High Court or in case of any stay of his execution.

On admission, a convict shall be thoroughly- searched as provided in section 30 of the Prisons Act. A women officer or under her orders, by a Matron.

(iii)Subject to the provisions of section 30 of the Act, all private property shall be removed from the convict.

Issue of Articles on admission- (i) The Deputy Superintendent shall ensure that the following articles are issued to a convict, on his admission to a prison:-
a. A pyjama without cord and a Kurta Two all wool blankets or two cotton wool blankets, A pot, plate and mug made of plastic PVC, two cotton sarees and blouses may be issued to female convicts. However, if it is considered unsafe to issue sarees to any such convicts, pyjama without cord and kurta may be issued to her.

b. A sheet stating that the convict has been sentenced to death, with state of health, description and date of submission of mercy petition.

Confinement in cell in Special ward– (i) Every convicts shall whether or not the sentenced of death has been confirmed by the High Court, from the date of his admission to a prison, be confined in a cell in a special ward, apart from all other prisoners as required by section 30 of the act. The cell or room in which a convict is confined shall before he is placed in it, be always examined by the Deputy Superintendent who shall satisfy himself about its fitness and safety. No prisoners expect convicts shall be kept in the special ward.

where there is more than one such cell in a prison, the convict shall be changed daily from one cell to another.

Guarding—(i) the convict shall be under observation of the guard on a Twenty-four hours basis. Convict officers shall not be employed on guard duty.

A guard shall in no case be given more than three hours duty at a stretch;

Every guard shall be equipped with a regulation baton and shall be so posted that the convict shall be under continuous watch. A convict shall not be taken out of his cell, unless at least two guards are present.

If an attempt to commit suicide by a convict is noticed, the guard on duty or the matron shall raise alarm for help, and enter the cell.

The guard in whose charge a convict is put shall allow no one to approach the cell, or communicate with him in any manner expect the superintendent and any officer authorized by the Superintendent in his behalf.

Every convict shall be thoroughly searched daily in the presence of the Deputy Superintendent immediately on opening of the cell in the morning when guards on duty are changed, and before lock-up.

Restriction on removal– Convicts shall not be removed to prison hospital for treatment without the previous sanction of the Inspector General; provided that the Superintendent may, if the Medical officer of the prison certifies that the convict is in danger no death, and requires immediate treatment in a prison hospital, order the removal of the convict from the prison to the prison hospital in anticipation of such sanction. If a convict is removed to a prison hospital, a special guard shall be posted according to the requirements of each case of a convict.

Interviews– (I) The Superintendent may permit a convict to have interview with the relative, friends or legal advisors, once a week, or more often, if the Superintendent is of the option that such interviews may be granted in the case of any convict.

(II) The convict shall be brought from the cell to the interview room if interview takes place outside the cell under proper escort at the time of interviewing and the interviewers and the convict shall be separated by expended metal barriers, “The
Superintendent shall before granting interviews, ensure that all precautionary and
Security measures are taken before hand”

Subject to the security requirement – (i) A convict may be allowed the following facilities at the discretion of the Superintendent, namely:

(a) religious books ;(b) religious pictures; (c) rosary and essential religious emblems subject to security requirements; (d) newspapers, books etc.

(ii) A convict may on the recommendation of the Medical Officer, be allowed exercise in open air and within the prison walls in the morning and evening, under the care of the guard.

Appeals-(i) Immediately on receipt of a warrant of execution consequent of the confirmation by the High Court of the sentence of death, the Superintendent shall inform the convict that if he wishes to appeal to the Supreme Court under any of the relevant provisions of the constitution of India, he may do so within the period prescribed.

(ii) Whenever a sentence of death has been passed by any Court or Tribunal, the sentence shall not be executed until after the dismissal of the appeal or of the application or, in case no such appeal has been preferred, or no such application has been made, until after the expiry of the period allowed for an appeal or for making of such application:

provided that, if a petition for mercy has been submitted by or on behalf of a convict, the execution of the sentence shall further be postponed, pending orders of the President thereon:

Provided further that, if the sentence of death has been passed on more than one person in the same case, and if an appeal or an application is made by or on behalf of only one or more but not all of them, the execution of the sentence shall be postponed in the case of all such convicts and not only in the case of the convict or convicts by whom, or on whose behalf, the appeal or the application is made.

Petition for mercy—(1) Except in cases where a convict has already submitted a petition for mercy, every convict shall be allowed for the preparation and submission of a petition for mercy, seven days after and exclusive of, the date on which the Superintendent of the jail informs him to the dismissal by the Supreme Court of his appeal, or as the case may be, of his application:

Provided that, in cases where no appeal has been preferred or no application has been made, the said period of seven days shall be computed from the date next after the date on which the period allowed for an appeal or for making an application expires.

If a convict submits a petition within the period of seven days prescribed if shall be addressed to the President of India. The Superintendent shall forthwith forward it by register post to the Secretary to the Home Department of Delhi Administration together with a covering letter stating that the date fixed for the execution has been stayed, pending receipt of the orders of the President of India of the petition.

If any person has been sentenced to death by court Martial then any such petition shall be addressed to the president of India and forwarded to the Government of India, Ministry of Defense for consideration.

Petition submitted after period prescribed—(1) Where a convict submits a petition after the expiry of the period prescribed, the Superintendent shall at once forward it to the Administrator and at the same time telegraph the substance of it, requesting orders whether the execution may be postponed, and stating that pending reply, the sentence shall not be carried out.

If such petition is received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the Administration and at the same time communicate the substance of it, giving the date of execution and stating that the sentence will be carried out, unless orders to the contrary are received, through the wireless facilities available in the jail.


Note: A copy of the judgment should also be sent as soon as possible.


Action on final confirmation of sentence—(1) The Administration shall fix date of execution of a convict of his/her Mercy Petition is rejected.

On receipt from the Administration of the final confirmation and the date of execution of a convict,

The convict and his relatives shall be informed about the date of execution by the Superintendent;

The convict, if he so desires, be permitted to prepare his will in accordance with his wishes. If the convict does not desire to prepare his will, his statement to that effect shall be recorded by the Superintendent.

Execution of death Sentence—(1) The execution shall usually be carried out in a special enclosure attached to or within the walls of the prison.

Management of Keys, Conditions under which the door may be opened

(a)The keys of the cell in which prisoner sentenced to death is confirmed shall be kept by the head warder on duty who, on hearing the alarm, shall proceed to such cell which in case of emergency, such as attempt by the prisoner to commit suicide, he shall enter and with the help of the sentry frustrate if.

(b)At no other time shall the door of the cell, in which prisoner sentence to death is confined, be opened without first handcuffing the prisoner and so securing him against the possibility of using violence or , if he declines to be handcuffed, unless at least three members of the establishment are present.

The locks in use in a condemned cell shall be such as cannot be opened by any keys in use in the jail, other than those properly belonging to them.

Occupation of cell –yards—Precautions to be taken

A prisoner sentenced to death should, unless there are any special reasons against it, which reasons be recorded by the Superintendent in his journal, be permitted to occupy the court-yard of his cell half an hour each morning and evening, but only one such prisoner at a time should be allowed to do so.

During the timer prisoner sentenced to death occupies his cell-yard, both the cell and yard doors should be kept locked and on each occasion before opening the cell-door to admit the Prisoner to the yard, hand-cuffs should be applied and retained on him till he is again locked into the cell.

A prisoner sentenced to death shall not be removed from his cell to the cell/yard or vice versa for any purpose except in the presence of the head warder.

A convict sweeper or other prisoner allowed to enter the cell of a prisoner sentenced to death, to perform any duty shall first be carefully searched and while carrying out his duty shall be kept under close observations by the warders on duty. Before the cell door is opened, handcuffs should be applied to the prisoner and not be removed till the cell door is locked upon him.


Note: To allow of hand-cuffs being applied before the cell door is opened, the prisoner should be asked to thrust his hands between two of the bars of the grated door and when he has been locked into the cell the handcuffs can be removed in a similar manner.


(4)Diet—Precautions to be taken-All food intended for consumption by a prisoner sentenced to death, shall be examined by the Deputy Superintendent, assistant Superintendent, Medical Subordinate, who may withhold any article he regards with suspicion and report the circumstance to the Superintendent. The food shall be delivered to the prisoner in the presence of one or other of these officers.

Exception in the case of females—In the case of a female under sentence of death:-

The prisoner shall be guarded by female warder who shall not be provided with batons.

The food shall be distributed by a female warder of the presence of the Deputy Superintendent.

(c)The prisoner shall not be handcuffed when she is allowed into the cell-yard.

Officer responsible for execution—Mishap to be reported—

The Superintendent is responsible that the arrangement for an execution are complete and made good in time and that the gallows, rope, cap and pinioning straps are in good order.

The occurrence of any mishap or departure from the orders laid down shall be reported to the Inspector General.

Description and testing of the rope

(a) A manila rope one inch in diameter shall be used for executions. At least two such ropes in serviceable condition shall be maintained at every jail where executions are liable to take place.


Note: The rope should be six meters in length, well twisted, and fully stretched. It should be of equal thickness, capable of passing readily through the noose-ring and sufficiently strong to bear a stain of 150Kgs. With a200 centimeters drop.


(b)The ropes shall be tested in the presence of Superintendent, atleast a week before the date fixed for the execution and if they fail to pass the test other shall be obtained at once and tested when received.

Ropes that have been tested shall be locked up in a place of safety.

On the evening before the execution is to take place, the gallows and ropes should be examined to ascertain that they have received no injury since being tested.


Note : The rope shall be tested by attaching to one end a sack of sand or clearly to equal to one and a half times the weight of the prisoner to be executed and dropping this weight to the distance of the drop to be given to the prisoner.


Officers to attend execution—The Superintendent and Medical Officer of the Jail and the Magistrate of the District, or a Magistrate deputed by him, are to be present when an execution is being carried out.

The Executioner

Executions shall be carried out by the Public Executioner whenever the services of the official are falling him, by his assistant or some trust-worthy individual locally entertained for the purpose.

On the first occasion of the employment of any person to perform the work of an Executioner, the Superintendent shall satisfy himself that he understands how to perform the duty. Such person shall reside at the jail for two days prior to the day fixed for execution.


Note: The services of the Executioner should be obtained through the Superintendent of the Jail from some other state, Inspector General of Prisons of that state, to whom at the same time, intimation should be sent about the date fixed for execution.


All other prisoners to be locked—Whenever an Execution is being carried out , all the other prisoners lodged in the jail shall be locked up in their barrack till the body is removed.

Regulation of the “drop”—The following scale of “drop” proportioned to the weight of the prisoner is given for general guidance. The Superintendent must use his discretion and be the advice of the Medical Officer and the physical condition of the prisoner—

For a prisoner under 50 Kgs. Weight 200cm. For a prisoner under 60 Kgs. Weight 180cm. For a prisoner under 70 Kgs. Weight 165cm.

For a prisoner under 80 Kgs. Weight 150cm.


Note: The “drop” is the length of the rope a point on the rope opposite the angle of the lower of the criminal as he stands on the scaffold, to the point where the rope is embraced in the noose after allowing for the construction of the neck place in hanging.


Time of executions—Procedure to be adopted—

(a)Executions shall take place at the following hours—

November to February…………………… at 8 a.m.
March, April, September to October……………………7 a.m.

May to August………………………………..6 a.m.

The Superintendent and Deputy Superintendent will visit the prisoner sentenced to death in his cell a few minutes before the hour fixed for execution. The Superintendent shall then first identity the prisoner, as the prisoner named in the warrant and read over a translation of the warrant in vernacular to the prisoner. Any other documents requiring attestation by the prisoner, such as his will, shall thereafter be signed and attested in the presence of the Superintendent. The Superintendent will then proceed to the scaffold, the prisoner regaining in his cell. In the presence of the Deputy Superintendent, the hands of convict will next-be pinioned behind his back and his leg irons ( if any) struck off.

The prisoner shall now be marched to the scaffold under the charge of the Deputy Superintendent and guarded by a Head Warder and six warders, two proceeding in front, two behind and each one holding either arm.

On the arrival of the prisoner at the scaffold, where the Superintendent, Magistrate and Medical Officer have already taken their place, the Superintendent shall inform the Magistrate that he has identified the prisoner and read the warrant over to him in vernacular.

The prisoner shall then be made over to the Executioner.

The criminal shall now mount the scaffold and shall be placed directly under the beam to which the rope is attached, the warders still holding him by the arms.

The Executioner shall next strap his legs tightly together, place the cap over his head and face and adjust the rope lighting round his neck, the noose being 11/2 inches to the right or left of the middle line and free from the fillip of the cap.

The warders holding the prisoner’s arms shall now withdraw and at a single from the Superintendent, the Executioner shall draw the bolt.

Body to remain suspended half an hour—return of warrant—

The body shall remain suspended half an hour and shall not be taken down till the Medical Officer declares life the extinct.

The Superintendent shall return the warrant of execution with an endorsement to (the effect that the sentence has been carried out).

22. No execution on public holiday—No convict shall be executed on a day which has been notified as a public holiday.

23. Postponement of execution on sentence on medical ground—(1) The execution of a convict shall not be carried out on the date fixed if he is physically unfit to receive the punishment, but in determining the degree of physical disability sufficient to justify postponement of the execution, the illness shall be both serious and acute) not chronic0 before postponement is considered.

(2) The Superintendent shall at once submit to the inspector general a detailed report of such cases together with the medical opinion regarding the degree of physical disability to the prisoner and the probable date, if any, on which the prisoner is likely to become physically fit for execution.

24. delay in capital sentence—Should any extra-ordinary or unavoidable delay occur in carrying out a capital sentence into execution from any cause other than the submission of an appeal or application, the Superintendent shall immediately report the circumstances to the Session judge and return the original warrant either for the issue of a fresh warrant, or for an endorsement upon the same warrant, of an order containing a definite date for carrying the postponed sentence into effect.

Report of execution of death sentence—The Superintendent shall, immediately after each execution, send a report thereof to the Inspector General and he shall return the warrant duly endorsed to the Court which issued it.


SOURCE: DELHI PRISONS (TREATMENT OF CONVICTS SENTENCED TO SIMPLE IMPRISONMENT, DEATH, FEMALE PRISONERS, YOUTHFUL PRISONERS, LEPER PRISONERS AND LUNATIC PRISONERS) RULES, 1988

Arbitration agreement Vs Agreement for decision by an expert

Advocatetanmoy Law Library

In the case of K.K. Modi v. K.N. Modi, (1998) 3 SCC 573, a Bench of this Court (of which one of us was a member) had the occasion to consider the essential ingredients of an arbitration clause. Among the ingredients which are described in the said judgment, two important ingredients are; that the agreement between the parties must contemplate that substantive rights of parties will be determined by the agreed Tribunal and that the Tribunal will determine the rights of the parties in an impartial and judicial manner with the Tribunal owing an equal obligation of fairness towards both sides and also that the agreement of the parties to refer their disputes to the decision of the Tribunal must be intended to be enforceable in law. There is a difference between an expert determination and arbitration.

S.K. Chawla in the Law of arbitration and Conciliation at Page 164 states as follows:

“4. arbitration agreement to be distinguished from agreement for decision by an engineer or expert, contracts may contain a clause that on certain questions the decision of an engineer, architect or another expert shall be final. The decision given in such cases by the engineer etc., is not an award. As pointed out by Bernstein, such a person is under no obligation, unless the contract otherwise provides, to receive evidence or submissions and is entitled to arrive at his decision solely upon the results of his own expertise and investigations. The procedure involved is not arbitration, and the arbitration Act does not apply to it. The primary material on which such person acts is his own knowledge and experience, supplemented if he thinks fit by

(i) his own investigations; and/or

(ii) material (which need not conform to rules of ‘evidence’) put up before him by either party.

An arbitrator on the other hand, acts primarily on material put before him by the parties. The determination by an engineer or an expert would involve a less thorough investigation. Only one mind will be brought to bear on the problem. There will be no discovery of documents, there will not normally be any oral ‘evidence’ or oral submissions.”