Certified copy

Advocate

Hi,

I wan't to know who all can create cretified copies to be produced in evidence.

To make it more clear "can a arbitrator who has passed an award create certified copy of the award?

I want to challange the exicution of an arbitration award on the ground that the copy of award  dose not become   a certified copy just because its writen CERTIFIED on it.

Please provide your inputs.

Mukesh Deswal

 
Reply   
 
Advocate

Certified cpoy of the concerned athority  can be used as evidence

 
Reply   
 


Advocate

1. Under S. 63 (1) of Evidence Act, "certified copy" means copy given under S. 76 of the Act by public officer having the custody of that document by paying the necessary fee and the officer shall provide a copy with his signature, date and seal and a certificate that it is a true copy. Certified copy does not mean attested copy. 

2. Arbitrator can give a certified copy of the award. 


Total likes : 1 times

 
Reply   
 

I agree with the views of learned advocate d. Nageswara Rao in this regard, nothing more to add except to state that the certified copy of the arbitrator is a legally valid document.

 
Reply   
 

The Indian Evidence act 1872 is not applicable in the proceeding of Arbitral Tribunal in the Arbitration & Conciliation act 1996 .

 
Reply   
 
Advocate

1. Query: I want to know ---to be produced in evidence?

2. Query: Can an arbitrator give a certifed copy of award"

 

Two different issues.

 
Reply   
 

Section 19(4) of Arbitration &conciliation act 1996 said "The power of arbitral tribunal under sub section (3)includes the power to determine the admissibility, relevance ,materiality & weight of any evidence.

My Question are:

Q.1. On which provisions of law ,The Arbitral tribunal can determine the validity & admissibility of evidences?

Q.2. Is the Evidence Submitted under the provisions of Section 65B of Indian Evidence act 1872 is admissible in the Arbitral Tribunal?

Dr V. Nageswara Rao Ji, Plz answer my questions.

 
Reply   
 
Advocate

Thanks you every one for your valuable inputs.

Dr. V Nageshwar Rao: I do agree sir that these two are different issues.

T. Kalaiselvan, : Sir an arbitrator can give certified copy of the award if he is the keeper of the record.

Now my question is if he is the keeper of the record then:

Who will succeed the arbitrator once he is no more?

 

Will the award become nullity if the arbitrator is dead?


 
Reply   
 
Advocate

I have done some research in the field in the past two weeks.

My findings:

1. The position of the arbitrator is Functus Officio once the award is passed.

2. He is not the arbitrator as soon as the award is passed. (And thus he is no one to give a certified copy of the award)

3. Proper stemp fee needs to be paid on the award. The award needs to be registered. once an award is registered the sub-registrar can provide certified copy of the record.

Please feel free to correct me if I am wrong any where.

Your valuable inputs are most valued and highly appreciated.

Thanks.

Mukesh Deswal

 
Reply   
 
Advocate

Please go through 194th Report of the Law Commission of India on "Verification of Stamp Duties and Registration of Arbitral Awards", 2005,   for complete discussion of the issues.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu