Principle Archive

In disciplinary proceedings involving serious allegations such as theft, the accused person must be given the chance to defend themselves and cross-examine witnesses called to prove…

Evidence that is not challenged by cross-examination or contradiction on matters pleaded is deemed accepted and can be relied upon by the court.

Once a decision is reached in breach of natural justice, the justness or correctness of the decision is irrelevant; the decision cannot stand regardless of its…

The opportunity to cross-examine witnesses who speak against a party is a clear requirement of the audi alteram partem rule; failure to give such opportunity violates…

Under Sections 29, 30, 31 and 32 of the Arbitration and Conciliation Act, an award that has not been successfully challenged has the force and effect…

It is the responsibility of the arbitrator to award interest and costs on the date of the award; the court has no jurisdiction to add interest…

Arbitration proceedings are not the same as negotiations for settlement out of court; a consent judgment requires court confirmation and becomes binding only upon that confirmation,…

Once an award has been made and not challenged, it constitutes a final judgment on all matters referred to the arbitrator; the losing party cannot be…

The only jurisdiction conferred on the court regarding an arbitral award is to give leave to enforce it as a judgment unless there is a real…

The court has no power to make an arbitral award its own judgment because the award already has the status of a judgment by law and…

An arbitrator's award under the Arbitration and Conciliation Act, when filed in court, has the force and effect as a judgment for all purposes without any…

Where the employer assures the employee that the notice period will be waived, it is no longer a condition; the resignation is effective immediately without the…