Supreme Court: While deciding upon the issue that whether an accused can be convicted only on the basis of suspicion and circumstantial evidence without any direct proof given by the prosecution, the Division Bench of V. Gopala Gowda and Amitava Roy, JJ., held that it would be unjustified to convict an accused only on the basis of suspicion and circumstantial evidence until and unless that evidences are corroborative with direct proof given by the prosecution. The Court thereby set aside the decision of High Court of Patna and held that an accused cannot be convicted until and unless all charges against him are proved beyond any reasonable doubt by the prosecution.
Court approached in the early stages of arbitration will prevail in all other subsequent proceedings
In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
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