Whether court can suo motu remand case to arbitral tribunal after setting aside arbitral award?

On the aspect of remand of the proceedings as ordered by the learned Principal District Judge, it is found that said direction is contrary to the provisions of Section 34(4) of the said Act as well as the law as laid down in Kinnari Mullik and another (supra). It has been held in the aforesaid decision that the limited discretion available to the Court under Section 34(4) of the said Act can be exercised only if a written application is made by a party to the arbitration proceedings before passing of the award. Said power cannot be exercised suo-motu by the Court after the award has been set aside. By the impugned order, the award has been set aside and the proceedings have been remanded to the Arbitrator for fresh adjudication. Such course is not permissible in view of the aforesaid law as laid down. That direction issued by the learned Principal District Judge to that effect is thus liable to be set aside.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Arbitration Appeal No. 3 of 2017

Decided On: 07.09.2018

 Chandrashekar Vs. Yogi Construction and Ors.

Hon'ble Judges/Coram:

A.S. Chandurkar, J.

Citation: 2019(1) MHLJ 628

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Whether public prosecutor can file written application before court U/S 313 of CRPC?

We also fail to understand as to why the Public Prosecutor conducting the trial did not point out to the Sessions Judge that all the incriminating circumstances have not been put to the appellant-accused. In our opinion, besides duty cast on the Sessions Judge, it is the duty of the Public Judge, it is the duty of the Public Prosecutor to ensure that all the incriminating circumstances are put to the appellant-accused. In case the same are not put by the trial Court, the Public Prosecutor conducting the prosecution may either make oral request or file written application for the said purpose.

4. The Apex Court in State of Maharashtra v. Sukhdeo Singh and another, AIR 1972 SC 2100 has observed that Section 313 of the Code of Criminal Procedure imposes a heavy duty on the court to take great care to ensure that the incriminating circumstances are put to the accused and his response is solicited.

IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 153 of 1999

Decided On: 18.08.2003

 Ramanna  Vs. State of Maharashtra

Hon'ble Judges/Coram:
R.K. Batta and P.S. Brahme, JJ.

Citation: 2003 BCI241:2003 ALL MR (CRI) 2250

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