Law and Literature

The maintainability of an appeal before the high court or the Supreme Court depends on the narrow  determination/validity of issues of laws involved. The courts in appeal should be convinced that a  substantial question of law is involved for its indulgence into the matter and not mere question of  law. The legislation does not describe ‘Question of law’ and ‘Substantial question of Law’ but  judicial precedents overtime has shaped and differentiated its true meaning. A Question of law arises when there is ambiguity and uncertainty in application of a settled legal provision to the facts and circumstances of the case and this question of law becomes substantial when the question of law has not been dealt with or when there are conflicting judicial opinions by  different benches of the High Court or the Supreme Court that requires effective interpretation and  permanent judicial consideration. What is the test for determination on whether a Substantial Quest...

During the course of arbitration proceedings, the Arbitral tribunal or the parties with the approval of the Arbitral tribunal may seek the court’s assistance in taking evidence. Section 27 stipulates thus: Court assistance in taking evidence.— (1) The Arbitral tribunal, or a party with the approval of the Arbitral tribunal, may apply to the Court for assistance in taking evidence. (2) The application shall specify— (a) the names and addresses of the parties and the arbitrators; (b) the general nature of the claim and the relief sought; (c) the evidence to be obtained, in particular,— (i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required; (ii) the description of any document to be produced or property to be inspected. (3) The Court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral tribunal...