The Preamble indicates the basic Structure of the Constitution. After due consideration and keeping all the scenarios in mind, the honorable governor of Kerala signs the ordinance on 25th Nov, 2020 to withdraw the controversial section 118-A of Kerala Police Act. It may be seen that, ordinance is issued to repeal or nullify acts, but issuing of ordinance to repeal ordinance is very rare to be seen. The reasoning given by the High Court to disbelieve Ritesh Pandey AW3, on the other hand, cannot sustain and is liable to be overturned. Over the centuries, the singular truism which is well recognized is that the guidelines or laws to be enforced, cannot be mired in time and need to evolve so as to be relevant to the prevailing social and moral context; and in these times of rapid development our Preamble maneuvers itself into an anchor, providing a safety valve against majoritarianism and authoritarianism. These aid the adaptability of the proceedings to shift away from in person hearings and physical service/filing of documents to virtual hearings and e-service/e-filings. Arbitral awards usually have to be rendered in writing, have to bear the arbitrators’ signatures, have to be delivered to the parties and have to be submitted to court in order to be recognized and enforced. However, one of the proposals floating around has been particularly worrisome. The victims are mainly from the women and transgender section. The Preamble of our Constitution imparts to constitute India into a Sovereign Secular Democratic Republic and vows to secure to all its citizens Justice, Liberty and Equality while assuring the dignity of the individual and the utmost unity and integrity of the Nation. The court held that Section 118(d) of the Kerala Police Act is violative of Article 19(1) (a) of the Constitution of India. For instance, the total stock of rice and wheat with FCI, as in June 2020, was approximately 99 million tonnes against the buffer stock requirements of 41.2 million tonnes. While the contents of the FIR as well as the statement of Ritesh Pandey (AW3) leave no room to doubt that the injured were taken to the Hospital by private persons (and not by the police), it is quite natural that the police would also have reached the Government hospital at Ghazipur and therefore, it was mentioned that Sandeep Sharma was brought in by SI Sah Mohammad.”, Needless to say, it is also then rightly added in para 16 that, “It is commonplace for most people to be hesitant about being involved in legal proceedings and they therefore do not volunteer to become witnesses. However, ongoing protests seem to have breached all limits of misinformation. Without any personal interest or motive, he assisted both the deceased by taking him to the hospital and later his family by expending time and effort to depose before the Tribunal.”, Without mincing any words, the Bench then while airing its unhappiness over the Rajasthan High Court’s judgment in this matter goes on to observe in para 17 that, “It is quite natural that such a person who had accompanied the injured to the hospital for immediate medical aid, could not have simultaneously gone to the police station to lodge the FIR. In a realistic, robust and rational judgment titled Anita Sharma & Ors. The High Court, therefore, ought not to have shifted the burden of proof.”, Not stopping here, the Bench then also adds in para 24 that, “Further, little reliance can be placed on the contents of the FIR (Exh.-1), and it is liable to be discarded for more than one reasons. As one might expect, COVID-19 put the brakes on a practice where in-person evidentiary hearings bringing together arbitrators, counsel and witnesses from far and wide was the norm. The arbitration process is carried out through private telephone calls, video conferences and/or in‐person meetings among counsel and arbitrator. Thus, the history of the making of Preamble is drastically escalated, for constitution is the background to foreground the Preamble. However, such frivolous proposals were rejected in the CAD. Model law of electronic commerce promotes the equivalent approach whereby electronic documents can be considered original for enforcement. This provision set out the punishment which is either imprisonment up to 3 years or a fine up to Rupees. UP65AA-7100 along with three other occupants. He has deposed that he was travelling in his own car on the date of the incident on the same route when the owner-cum-driver of the Wagon R car carelessly overtook him at a very high speed. constitutional morality and public morality. The entire case, thus, effectively hinges upon the trustworthiness of the statement of this witness.”, No doubt, the Bench then rightly hastens to add in para 15 that, “It is not in dispute that the accident took place near Ghazipur and that numerous people had assembled at the spot. The New India Assurance Co. Ltd. & Anr. It was observed by the court that the offence of ‘causing annoyance in an indecent manner’ suffers from the same type of vagueness and overbreadth. But the enforcement risks to an arbitration award produced by a fully remote proceeding, an inhibiting factor to the expansion of the use of remote technologies in final evidentiary hearings, may be permanently diminished by the virus. The initial part of my speech would deal with understanding the Constitution and Constitutionalism. For the latest news Download The Daily Guardian App. While taking potshots on the decision of Rajasthan High Court, the Bench then goes on to add in para 18 that, “Unfortunately, the approach of the High Court was not sensitive enough to appreciate the turn of events at the spot, or the appellant-claimants’ hardship in tracing witnesses and collecting information for an accident which took place many hundreds of kilometers away in an altogether different State. This page was processed by aws-apollo5 in. He hailed from a different State and lived in a faraway place. The statement of AW3, therefore, acquires significance as, according to him, he brought the injured in his car to the hospital. The standard of proof in such like matters is one of preponderance of probabilities, rather than beyond reasonable doubt. Ajay Bhargava (Senior Partner), Aseem Chaturvedi (Partner) and Shivank Diddi (Associate) are part of the Dispute Resolution practice of Khaitan & Co LLP, New Delhi. It was said that the provision was inserted by way of ordinance and met with so much criticism; therefore separate decision will be taken after having proper discussion in the state assembly. He held that the Preamble is a vital part of the Constitution and, therefore, is amendable under Article 368 of the Constitution. The car was badly damaged. At a time when social media has elevated arm-chaired hand-wringing into an art, Swamiji’s clarion call to action is the only way forward for Bharatiyas if they are to pass the test of time and history. By the way of this provision, police may get the power beyond the legislative competence. 10,000 or both to those who makes, expresses, publishes or disseminates content through any means of communication with an intention to intimidate, insult or defame any individual through social media. While the Tribunal believed Ritesh Pandey (AW3) and accepted the claim petition in part, the High Court, for the reasons which are already briefly noticed, has disbelieved him on the premise that the deceased was brought to the hospital by SI Sah Mohammed and not by Ritesh Pandey (AW-3). However, this concept appears to have come under severe criticism with Sabarimala Temple Case. On 13th December 1946, Pt. We thus see that the Supreme Court has once again reiterated like earlier that the standard of proof in motor accident claims cases is one of preponderance of probabilities rather than beyond reasonable doubt. There is nothing on record to suggest that the police reached the site of the accident or carried the injured to the hospital. But we find that the ‘investigation report’ (Exh.2) dated 05.05.2009 merely recites that the registration number of the offending truck could not be ascertained despite best efforts.”, Truth be told, it is then revealed in para 13 that, “At this juncture, we may refer to the statement of Ritesh Pandey (AW-3). Another way of repealing the ordinance before the said expiry period is mentioned in article 213(2) (b) where it is written that, the ordinance may be withdrawn anytime by the Governor. In a nutshell, the concept of morality has been typically founded on the totality of accepted norms which are deeply rooted in a particular culture. 32011-32012 of 2018] delivered by a two Judge Bench of the Apex Court comprising of Justice Surya Kant and Justice Aniruddha Bose on December 8, 2020 has observed clearly, cogently and convincingly that the standard of proof in Motor Accident Claim Cases is one of preponderance of probabilities, rather than beyond reasonable doubt. Confidentiality, as an aspect of arbitration, may be achieved by the parties’ agreement. the rejuvenation of Bharat as a living civilization which still has a lot to offer to the world. Additional advocate general Ravindranath KK appeared before the court on behalf of government and informed the court that government was reconsidering the matter. It was clarified by Honorable Chief Minister that, the object of introducing the provisions of Section 118A of Kerala Police Act was to overcome or reduce the harassment faced by many individuals on Social media platform. Further, as the police had themselves reached the hospital upon having received information about the accident, there was perhaps no occasion for AW-3 to lodge a report once again to the police at a later stage either.”. The Government of Kerala has introduced an ordinance to insert section 118-A into Kerala Police Act. The reference of the decision passed by the Supreme Court in Shreya Singhal vs Union of India was taken by the petitioners where the top court pointed out that probability of certain categories of speech being an insult, inconvenience and nuisance cannot be a reasonable restriction on speech. Obligations to keep their dockets moving during this crisis gathered at the who. Only victims, but their families sometimes chose to commit suicide to settled! 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