Sub judice applicable ??
Naga Harsha
(Querist) 15 October 2011
This query is : Resolved
If a legal matter has been brought up for arbitration and arbitration has been dismissed, on legal grounds and no new arbitrator has been proposed/appointed and no party has approached any court can the matter be said to be "Sub Judice"?
I would be grateful if you can provide any info such as past ruling or specific law pertaining to this along with the answer.
ajay sethi
(Expert) 15 October 2011
no it cannot be subjudice as arbitartion has been dismissed and no appeal has been filed .
jitender pawaria
(Expert) 15 October 2011
you can filed objection against the arbitration award with in three month from the date of award u/s 34 of arbitration act.
prabhakar singh
(Expert) 15 October 2011
Read between the lines of two answers given before mine and you your self shall arrive at the correct answer hence i do not need to write.
Raj Kumar Makkad
(Expert) 16 October 2011
Arbitration talks failed, no award was given so no question arises to file objections and matter is thus not no sub-judice.
Devajyoti Barman
(Expert) 20 October 2011
sINCE NO LEGAL PROCEEDING IS PENDING IT CAN BE SAID AS SUB JUDICE.
Naga Harsha
(Querist) 07 November 2011
Thank You for the advise