The Legal Today

Arbitrator : privileges, powers, and immunities Under the Arbitration and Conciliation Act, 1996 in India, arbitrators (or arbitral tribunals) enjoy specific privileges, powers, and immunities to ensure effective and impartial dispute resolution. Key privileges include: 1. Immunity from Legal Liability (Section 42B)   Arbitrators are protected from lawsuits or legal proceedings for acts or omissions done in good faith during the arbitration process. This immunity encourages impartial decision-making without fear of personal liability.  2. Kompetenz-Kompetenz (Section 16)   The tribunal has the authority to rule on its own jurisdiction, including objections to the existence or validity of the arbitration agreement. This principle ensures that arbitrators can address jurisdictional challenges without court intervention. (I will write separately on this doctrine of competence-competence.) 3. Procedural Flexibility (Section 19)   Arbitrators are not bound ...

Victimology: Understanding the Study of Victims and Their Experiences A.Introduction  Victimology is a sub-discipline of criminology that focuses on the study of victims, their experiences, and the psychological, social, and legal implications of victimization. It emerged as a distinct field in the mid-20th century, challenging the traditional focus of criminology on offenders and their actions. Instead, victimology shifts the lens to those who suffer harm as a result of crime, exploring their roles, vulnerabilities, and the broader societal responses to victimization. This essay delves into the origins of victimology, its key concepts, the types of victimization, and its significance in contemporary criminal justice systems. B. Origins and Development of Victimology The term "victimology" was first coined by Benjamin Mendelsohn in the 1940s, often referred to as the "father of victimology." Mendelsohn sought to understand the relationship between victims and offend...

Execution of Decrees and Orders under the Code of Civil Procedure, 1908: A Comprehensive Overview The execution of decrees and orders is the final and most crucial stage of civil litigation. It ensures that the rights adjudicated by a court are practically enforced, allowing the successful party (decree-holder) to reap the benefits of the judgment. The Code of Civil Procedure, 1908 (CPC), particularly Order XXI, provides a detailed framework for the execution of decrees and orders. This article explores the concept of execution, the procedural aspects under the CPC, and important judgments that have shaped the interpretation and application of execution laws in India. What is Execution of a Decree? A “decree” is the formal expression of an adjudication by a court, conclusively determining the rights of the parties in a suit. Once a decree is passed, the decree-holder must initiate execution proceedings to enforce it. Execution involves the practical implementation of the court's de...

Admissibility of WhatsApp chat in evidence in India I. Key Legal Provisions for WhatsApp Chat Admissibility In India, WhatsApp chats are admissible as electronic evidence under the Indian Evidence Act, 1872, provided certain conditions are met. The key provisions governing the admissibility and evidentiary value of WhatsApp chats are as follows:  1. Section 65A & 65B of the Indian Evidence Act, 1872 A.These sections specifically deal with the admissibility of electronic records as evidence. B.Section 65B(1) states that any electronic record (including WhatsApp chats) produced from a computer or digital device is considered a document if accompanied by a certificate under Section 65B(4). C.The certificate must specify: a.The device used to produce the record. b.The integrity of the data. c.The identity of the person handling the device. d.A declaration that the record was produced in the regular course of business. 2. Information Technology Act, 2000 A.Under this Act, electronic...