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This was largely the experience in the UK until adjudication was introduced to the construction industry in 1998. Adjudication is really expedited arbitration. Under the statute all construction disputes, of whatever complexity, can be referred to adjudication and are to be determined within 28 days. The referring party can unilaterally extend this by 14 days; thereafter any extension is by consent of the parties only. Most would agree adjudication has been a huge success. This is supported by the relatively few cases that go beyond the adjudication decision.

Yes it is very unfortunate that the arbitration proceedings are being run as judicial process. In India and UK the arbitration is a big business! Lust of money and fast bucks a reason? I am also undergoing a similar pain in one of arbitration proceedings and is being forced to settle the matter with a hole in the pocket.

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Section 154 of Criminal Procedure code states that :

“154. Information in cognizable cases :- (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub- section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer shall have all the powers of an officer in charge of the police station in relation to that offence.”

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“Doctrine of proportionality” is a theory, which has great practical and social significance in India. The said doctrine originated as far back as in the 19^th century in Russia and was later adopted by Germany, France and other European countries as has been noticed by this court in Om Kumar v. Union of India, 2001(1).

By proportionality, it is meant that the question whether while regulating the exercise of fundamental rights, the appropriate or least restrictive choice of measures has been made by the legislature or the administrator so as to achieve the object of the legislation or the purpose of the administrative order, as the case may be. Under the principle, the court will see that the legislature and the administrative authority maintain a proper balance between the adverse effects which the legislation or the administrative order may have on the rights, liberties or interests of persons keeping in mind the purpose for which they were intended to serve.  

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According to Section 17 of Indian Contract Act 1872:

 “Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him, to enter into the contract :

a)     the suggestion, as to a fact, of that which is not true by one who does not believe it to be true;

b)     the active concealment of a fact by one having knowledge or belief of the fact;

c)     a promise made with any intention of performing it;

d)     any other act fitted to deceive;

e)     any such act or omission as the law specially declares to be fraudulent”

 When the consent of a party to the contract has been obtained by fraud, the consent is not free consent which is necessary for the formation of a valid contract. In such a case the contract is voidable at the option of the party whose consent has been so obtained. Fraud or deceit is also a tort, for which  an action for damages can also lie.

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• Justice Tirath Singh Thakur, B.Sc., LL.B.- Born on 04.01.1952. Enrolled as an Advocate on April 5, 1974 and practised in the High Court of Jammu & Kashmir at Jammu and Srinagar in Civil, Criminal, Constitutional, Taxation and Service matters.
• Was Standing Counsel among others for the Income Tax Deptt., University of Jammu, Board of School Education and Reserve Bank of India. Was nominated as a Member of the Law faculty of the University of Jammu.

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}Arbitration is a legal technique for the resolution of disputes outside the court, where in the parties to a dispute refer it to one or more persons, by whose decision they agreed  it be bound. Many parties are including arbitration clause of the contracts. }The arbitration commences following dispute as per the arbitration agreement or the arbitration clause in the contract. The agreement determines the venue of arbitration, person who is going to adjudicate the matter or the Arbitrator, and the rules to be applicable in the matter.