Certified copy

Certified cpoy of the concerned athority  can be used as evidence

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. 

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.

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

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.

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.

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?

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

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.

Thank you Dr. Rao for your valuable suggestion, This is the first time I am dealing with an arbitration case and this is my first year since I am  Practicing as a lawyer.

 Sir I have gone through the entire report and following are the things I could draw from it:

 1.    Arbitrator certainly cannot give a certified copy of the award. (Other vise why would there be an issue for the law commission to step in).

2.    Also this is just the recommendation not sure what effect this can have (please suggest).

 I have a lot more to discuss and I will re-write to you soon.

 Once again please accept my sincerest thanks for all the help and sharing of your immense knowledge. 

Mukesh Deswal

Dr. Nageshwar . Thanks for the tip. The 194th report helped a lot. I finally convinced the court that arbitrator is not competent to issue certified copies of award. The court has accepted my objections and dismissed the execution.

Then under whose seal certified copies will be received of an arbitration award?