tag:blogger.com,1999:blog-15602189.post4823909797925469958..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Jurisdiction of the SC and Section 11(6) of the Arbitration and Conciliating Act, 1996Anonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-15602189.post-58778747792029551962010-10-07T15:49:21.049+05:302010-10-07T15:49:21.049+05:30An interesting read.
I have one query regarding t...An interesting read.<br /><br />I have one query regarding the value of decisions under Section 11 petitions, as a judicial precedent.<br /><br />I do not know of any judgment of the Supreme Court or High Court which has made any such observations. In the absence of the same, and the fact that even obiter dicta sometimes is construed to be "law" as per Article 141, would it not be logical (conservative view though) to construe such decisions to also fall within the mandate of Article 141.<br /><br />If not, the jurisprudence of Section 11 petitions is likely to suffer, and create uncertainty of law. Merely because it is the Chief Justice or his designate who decides the application, does not exclude the "judicial" nature of such decision (as already pointed out by you.)Renu Guptahttps://www.blogger.com/profile/13605419535223237023noreply@blogger.com