THE ORIENTAL INSURANCE CO. LTD. V. DICITEX FURNISHING LTD.

SC-Dismissing the appeal against the order of the Bombay HC,the Hon’ble SC opined that an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 is in the form of a pleading which merely seeks an order of the court, for appointment of an arbitrator. It cannot be conclusive of the pleas or contentions that the claimant or the concerned party can take, in the arbitral proceedings. The court which is required to ensure that an arbitrable dispute exists, has to be prima facie convinced about the genuineness or credibility of the plea of coercion; it cannot be too particular about the nature of the plea, which necessarily has to be made and established in the substantive (arbitration) proceeding.-Hon'ble Justices Arun Mishra and S. Ravindra Bhat[13-11-2019]

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MANOHARAN V. STATE BY INSPECTOR OF POLICE, VARIETY HALL POLICE STATION, COIMBATORE

SC-Dismissing the review petition and upholding the conviction and death penalty, the Hon’ble SC observed that the two accused misused societal trust to hold as captive two innocent school-going children, one of whom was brutally raped and sodomised, and thereupon administered poison and finally, drowned by throwing them into a canal and this was indeed craftily planned and executed. The present offences are so grave as to shock the conscience of this Court and of society and would without doubt amount to rarest of the rare. It is no longer res integra that there can be no hard rule of not awarding death in cases based on circumstantial evidence owing to recent developments in medical science and the possibility of abuse by seasoned criminals.-Hon'ble Justices Rohinton Fali Nariman,Surya Kant and Sanjiv Khanna[07-11-2019]

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