Amit shrivastava (student) 08 February 2017
In a case charge sheet has been filed before court and trial court framed the charges against the accuse. As per recent judgement 65B certificate can be filed at any stage of trial. my quary is
a) whether incomplete certificate can be filed at this stage.
b) proceqution agency did not provide some calls so same can be demanded this time because they want to file certificate and as per 65B(4)(c) no descripency is noticed.
c) please provide me guideance with relevent judgements.
regards
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 February 2017
A recent judgement serves as a reminder for parties looking to challenge Final Certificates – whether through adjudication, arbitration or legal proceedings – to do so in a timely manner.
In Trustees of the Marc Gilbard 2009 Settlement Trust v OD Developments & Projects Ltd [2015] EWHC 70 (TCC), Coulson J granted a declaration that a contractor could not challenge the Final Certificate by issuing adjudication proceedings outside of the contractual 28 day period when Part 7 proceedings had already been issued (challenging the same issue) within the 28 day period. This was said to be consistent with business common sense.
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