If a defendant can prove a successful justification for his actions, he will be fully cleared from criminal liability. In case of excuse, the act is considered criminal unlike justification but the accused person shall be spared from the consequences of crime. Example, Intoxication, insanity etc. Mitigating factors has been used to lessen the punishment only. Suppose in case of […]

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the 1996 Act for the simple reason that the Arbitration Award under the 1996 Act does not attain the status or character […]

(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal fiction that the “award” of the Lok Adalat is a Decree of a civil court. In the case on hand, the question posed for consideration before the High […]

Recent Updates