The article delves into Sections 75-78 of the Code of Civil Procedure (CPC), 1908, which play a crucial role in civil litigation in India by empowering courts to appoint commissions for specific tasks like local inspections, examining witnesses, scientific analysis, or expert investigations. These provisions facilitate a comprehensive fact-finding process by allowing the court to delegate technical and time-consuming tasks to neutral experts, thus enhancing the accuracy and quality of evidence presented during trials. This delegation promotes judicial efficiency by enabling the courts to focus on resolving legal issues rather than getting bogged down by auxiliary details. Moreover, Sections 76 and 77 foster cross-jurisdictional cooperation by allowing commissions to be issued to foreign courts or through letters of request, making it easier to gather evidence from outside the jurisdiction of Indian courts. Similarly, Section 78 facilitates the execution of commissions within different states in India, ensuring that geographical boundaries do not impede the judicial process. Despite these benefits, challenges remain, such as increased costs for litigants, potential delays in report submissions, and issues related to the competence or impartiality of appointed commissioners. However, with careful oversight and proper implementation, these provisions significantly enhance the civil litigation process by providing reliable, specialized inputs that improve the accuracy and efficiency of the justice delivery system.
This article elaborates upon an extremely important principle in the area of Arbitration, i.e., the Kompetenz-Kompetenz principle. This principle aims at minimising judicial intervention by giving the power and authority to arbitral tribunals to rule on its own jurisdiction as well as determine the validity of arbitration agreements.
This article discusses the relevant provisions of the Arbitration and Conciliation Act, 1996 in this context as well as important judgements by the Supreme Court.
An Indept Study On Canadian Khalistan Movement and its roots in the Sikh diaspora, particularly within Canada To understand the nuances and complexities of this movement