Search Results for Tag : Award
International Cases
Courts of law ought not to decide issues purely for academic interests(01.10.2019)
In facts of present case, aggrieved by losing the tender, the Appellants approached the Gauteng Division, Pretoria (High Court), seeking a review of t.....
Tags : Tender, Award, Legality
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Where the existing or live controversy is absent, the matter is moot(16.07.2020)
Present appeals concern a dispute emanating from the cancellation of a public procurement contract concluded pursuant to a tender that was awarded to .....
Tags : Review, Tender award, Mootness
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High Court and Court of Appeal have discretion to the award of costs, subject to the rules of Court(04.12.2020)
Present appeal raises a question concerning the role of the Supreme Court in relation to the principles governing the award of costs in lower Courts. .....
Tags : Award, Cost, Eligibility
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Unless there has been some improper conduct on part of arbitrator, a bona fide mistake either of law or fact made by arbitrator does not constitute misconduct or a gross irregularity(17.06.2021)
The Appellant and the first and second Respondents (the respondents) concluded a restraint of trade agreement in 2008. In May 2017, the Respondents co.....
Tags : Review, Award, Damages
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Notifications & Circulars
Income Tax Department receives Silver Award for e-filing of Income Tax Returns project in the Awards National on e-Governance 2016-2017(10.01.2017)
The Income Tax Department is proud to announce that it has been conferred the Silver Award in the National Awards on e-Governance-2016-17 for the e-fi.....
Tags : Tax-returns, e-filing, Awards National
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In absence of an available market, measure of loss is difference between contract rate and what was or ought reasonably to have been earned from employment of vessel under shorter charterparties(28.06.2017)
Present appeal concerns assessment of damages arising out of repudiation of a charterparty by charterers of a cruise ship called New Flamenco (“vessel.....
Tags : Award, Damages, Assessment
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CSIR bags National Intellectual Property (IP) Award 2018 in the category Top R and D Institution / Organization for Patents and Commercialization(26.04.2018)
The Council of Scientific and Industrial Research (CSIR) is awarded the National Intellectual Property (IP) Award 2018 in the category "Top R&D Instit.....
Tags : CSIR, Award, Organization, Patents
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Award for outstanding writings in the field of Banking Hindi(16.10.2017)
With a view to encourage original writings and research in Banking Hindi, Reserve Bank of India has launched an 'Award scheme for outstanding writings.....
Tags : Outstanding writings, Banking Hindi, Award
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Award for outstanding writings in the field of Banking Hindi(16.10.2017)
With a view to encourage original writings and research in Banking Hindi, Reserve Bank of India has launched an 'Award scheme for outstanding writings.....
Tags : Outstanding writings, Banking Hindi, Award
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India gets UN Environment award for combating trans-boundary environmental crime(22.11.2018)
United Nation Environment has awarded Wildlife Crime Control Bureau (WCCB), Ministry of Environment, Forest and Climate Change, Government of India wi.....
Tags : Award, Trans-boundary, Environmental crime
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Award Scheme For Outstanding Writings In The Field Of Banking Hindi Declaration Of Result For The Year 2015-16(17.04.2017)
Reserve Bank of India had invited entries under the captioned scheme vide press release dated 14 July 2016. On evaluation of the entries received, it .....
Tags : Scheme, Award, Banking hindi
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Dr. Jitendra Singh inaugurates 'All India Pension Adalat', Anubhav Awards 2018 presented to six pensioners(18.09.2018)
The Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic.....
Tags : Pension Adalat, Awards, Inauguration
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News
Karnataka HC Asks Government to Consider Committee Guidelines for Selecting Rajyotsava Awardees(28.10.2016)
Karnataka High Court has asked Government to consider Draft Guidelines of an Expert Committee headed by Former High Court Judge, Justice HN Nagamohan .....
Tags : Karnataka High Court, Justice HN Nagamohan Das, Rajyotsava awardees
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Application for Enforcing Foreign Award Not to be Dismissed Merely for Not Producing Documents: SC(19.11.2018)
Supreme Court has held that at initial stage of filing of application for enforcement of foreign award non-compliance of the production of documents m.....
Tags : Supreme Court, Foreign Awards
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Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)
Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....
Tags : Madras High Court, arbitral award, National Highways Act, 1956
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Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)
Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award
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SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)
Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....
Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause
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SC Upholds Delhi HC Order Directing DMRC to Pay Arbitral Award to DAMEPL(05.05.2022)
Supreme Court has upheld a Delhi High Court order directing the Delhi Metro Rail Corporation to pay over Rs 4,600 crore of arbitral award together wit.....
Tags : Supreme Court , Rs 4,600 crore , arbitral award ,Airport Metro Express Private Limited
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Justice Gita Mittal Honored With Justice PN Bhagwati Award(02.09.2019)
Chief Justice of the High Court of Jammu & Kashmir, Justice Gita Mittal was honored with the Justice PN Bhagwati Award. The award was conferred in rec.....
Tags : Justice Gita Mittal, PN Bhagwati Award
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SC: Period for Filing Plea for Enforcement of Foreign Award is Under Article 137 of Limitation Act(17.09.2020)
Supreme Court has held that the period of limitation for filing a Petition for enforcement of a foreign award under Sections 47 and 49 of the Arbitrat.....
Tags : Supreme Court, Period for Filing Plea for Enforcement of Foreign Award
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SC: Enforcement Court May Refuse Enforcement of Foreign Award, Cannot Set Aside or Correct(17.09.2020)
Supreme Court has observed that though enforcement Courts may refuse enforcement of a foreign award, if the conditions contained in Section 48 of the .....
Tags : Supreme Court, Enforcement of Foreign Award
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SC: Perversity of Award Not Ground to Refuse Enforcement of Foreign Award(11.08.2021)
Supreme Court has observed that perversity of an award is not a ground to refuse enforcement of a foreign award under Section 48 of the Arbitration an.....
Tags : Supreme Court, Perversity of Award
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Chhattisgarh HC: Arbitral Award Vitiated by Serious Fraud And Criminal Conspiracy Can be Set Aside(01.07.2022)
Chhattisgarh High Court has held that an arbitral award that is vitiated by fraud and criminal conspiracy would be void and can be set aside, and the .....
Tags : Chhattisgarh High Court, Arbitral Award, Alternative Remedy
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Del HC: Consent Foreign Award Enforceable Under the New York Convention(05.06.2023)
Delhi High Court has held that consent foreign award is enforceable under the New York Convention/Part II of the Arbitration and Conciliation Act, 199.....
Tags : Delhi High Court, New York Convention, Foreign Award
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Delhi HC Rejects Plea Against Padma Vibhushan To Dhirubhai Ambani(26.05.2016)
Delhi High Court has denied to entertain a petition seeking direction to quash Government notification conferring Padma Vibhushan award in 2016 to lat.....
Tags : Delhi High Court, Dhirubhai Ambani,, Padma Vibhushan award
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Delhi HC Dismisses Execution Plea by Decree Holder for Arbitral Award(31.01.2022)
Delhi High Court has dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act, 1996 by a Decree Holder for an arbi.....
Tags : Delhi High Court, Execution of Arbitral Award
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Delhi HC: Award of Interest Contrary to Terms of Agreement Can be Challenged(02.02.2022)
Delhi High Court has reiterated that the award of interest contrary to the express terms of the agreement between the parties would be susceptible to .....
Tags : Delhi High Court, Award of Interest
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SC: DMRC’s Petition Allowed, Judgement Upholding Arbitral Award In Favour of DAMEPL Set Aside(10.04.2024)
Supreme Court has set aside the judgement that upheld the arbitral award made in favour of Delhi Airport Metro Express Private Limited (DAMEPL) and re.....
Tags : Supreme Court, DAMEPL, DMRC, Arbitral Award
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Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)
All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....
Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47
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Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)
Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....
Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards
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Myanmar SC Upholds Conviction of Pulitzer Prize Awardee Journalists Under Official Secrets Act(24.04.2019)
Supreme Court of Myanmar has dismissed appeals of two Journalists, Wa Lone and Kyaw Soe Oo, winners of 2019 Pulitzer Prize, who were sentenced to seve.....
Tags : Mayanmar High Court, Wa Lone and Kyaw Soe Oo, Pulitzer Prize Awardee
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Madras HC Issues Directions to MACT to Not Draw Decrees for Awards(13.05.2020)
Madras High Court has held that the Motor Accidents Claims Tribunal need not draw decrees like regular civil Courts, for the same is not contemplated .....
Tags : Madras High Court, Decrees for Awards
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Madras HC: Arbitral Award Not Hit by Adequacy Facet if Reasons Given Not Laconic(02.05.2022)
Madras High Court has held that an arbitral award cannot be set aside on the ground of non-adequacy of reasons as long as the reasons given are not La.....
Tags : Madras High Court, Arbitral award, Laconic
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SC: After Setting Aside Arbitral Award, Court Can’t Grant Relief by Modifying Such Award(10.05.2023)
Supreme Court has observed that in arbitration cases court cannot modify arbitral award after setting aside the same since it closes the door for the .....
Tags : Supreme Court, Arbitration, Arbitral Award, Modify
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SC: Arbitral Award Suffers from Patent Illegality if Illegality is Apparent on the Face of it(11.05.2023)
Supreme Court has held that an arbitral award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face .....
Tags : Supreme Court, Award, Illegality, Arbitration
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Del. HC: Time from Petition u/s 34 of A&C Act to 2015 Amendment Act Excluded from Limitation Period(10.07.2024)
Delhi High Court has held that, for enforcement of an arbitral award, time period beginning from the filing of petition under Section 34 of the Arbitr.....
Tags : Delhi High Court, Limitation Period, Arbitral Award
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Cal. HC to Centre: Probe Fraud Committed by Railways to Obtain Favorable Award(09.08.2023)
Calcutta High Court while unconditionally stayed an arbitral award granted in favour of South Eastern Railways on ground of fraud perpetrated by collu.....
Tags : Calcutta High Court, Arbitral Award, Collusion, Fraud
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SC: Court Can’t Modify Award U/S 34 of Arbitration Act(14.08.2023)
Supreme Court while observing that Court’s under Section 34 of the Arbitration and Conciliation Act, 1996 has no power to modify an arbitration award,.....
Tags : Supreme Court, Arbitration, Award, Modify
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Delhi HC: Foreign State Cannot Claim Sovereign Immunity Against Enforcement of Arbitral Award(23.06.2021)
Delhi High Court has held that a Foreign State cannot claim sovereign immunity under Section 86 of Code of Civil Procedure, 1908 against enforcement o.....
Tags : Delhi High Court, Sovereign Immunity Against Enforcement of Arbitral Award
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Bombay HC: Award of Lok Adalat Cannot be Considered as Award of Court(30.06.2021)
Bombay High Court has held that an award of the Lok Adalat, being an executable decree binding between the parties, cannot be considered as an award o.....
Tags : Bombay High Court, Lok Adalat Award
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Delhi High Court Modifies Guidelines for Expediting Execution of Decrees, Awards(01.07.2021)
Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower Courts to expedit.....
Tags : Delhi High Court, Execution of Decrees, Awards
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Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)
Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....
Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award
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SC Determines the Conversion Rate of Foreign Award Expressed in Foreign Currency to Indian Rupees(12.08.2024)
SC has held that statutory scheme makes a foreign arbitral award enforceable when objections against it are finally decided. Therefore, as per A&C Act.....
Tags : Supreme Court, Foreign Arbitral Award, Conversion Rate
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Delhi HC Seeks Centre's Reply on Framing Guidelines for Returning Sahitya Akademi Award(24.12.2015)
Delhi High Court has sought response from Centre on a plea seeking a direction to frame guidelines that if Sahitya Akademi awardees return their awar.....
Tags : Delhi High Court , Centre, Sahitya Akademi award
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Supreme Court Grants Time to Gujarat For Action Report Against Cops in Bilkis Bano Case(29.11.2017)
Supreme Court Grants Time to Gujarat For Action Report Against Cops in Bilkis Bano Case
Tags : The Supreme Court bench, however, made it clear that the separate plea, seeking enhancement of compensation to be awarded to Bilkis Bano, would be taken up next week for hearing.
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SC Paves Way for Permanent Commission for India’s First Woman Gallantry Award Wining Army Officer(01.12.2016)
Supreme Court has paved way for first woman gallantry award winning Army officer, Lt Col Mitali Madhumita, to be given permanent commission despite he.....
Tags : Supreme Court, Army officer, gallantry award, Permanent Commission
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Delhi HC on Plea Challenging System of Awarding Gallantry Medals to Armed Forces as Arbitrary(09.09.2021)
Delhi High Court has dismissed as withdrawn a petition filed by a retired defence personnel, alleging that the current system of awarding gallantry me.....
Tags : Delhi High Court, System of Awarding Gallantry Medals
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SC: Contravention of Statute Cannot Be Ground to Set Aside an Arbitral Award(10.09.2021)
Supreme Court has observed that contravention of a statute which is not linked to public policy or public interest cannot be a ground to set aside an .....
Tags : Supreme Court, Ground to Set Aside an Arbitral Award
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SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)
Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....
Tags : Supreme Court, Arbitral Award, Contract
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SC: Can’t Consider Dissenting Opinion as Award in Case Majority Award is Set Aside(25.08.2023)
Supreme Court has held that a dissenting opinion can’t be treated as an award if majority award is set aside, and observed that when a majority award .....
Tags : Supreme Court, Arbitration, Award, Dissenting Opinion
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Delhi High Court Advises Registry to Maintain Records of Cross-Challenge to Awards(25.10.2021)
Delhi High Court has advised its Registry to devise of system to maintain records of the cross challenges to awards under Section 34 of the Arbitratio.....
Tags : Delhi High Court, Records of Cross-Challenge to Awards
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SC: Arbitrator Has Substantial Discretion in Awarding Interest u/s 31 (7) (a) Arbitration Act(28.10.2021)
Supreme Court has observed that an Arbitrator has substantial discretion in awarding interest under Section 31(7)(c) of the Arbitration and Conciliati.....
Tags : Supreme Court, Discretion in Awarding Interest
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Mad. HC: Order of Facilitation Council without Following Due Process Can’t be Considered an Award(05.10.2023)
Madras High Court has held that order passed by the MSEF Council without issuing notice of arbitration, opportunity to parties file their pleadings an.....
Tags : Madras High Court, Facilitation Council, Award
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Allahabad HC Seeks UP Government’s Reply over Arbitrary Yash Bharati Awards(22.12.2016)
Allahabad High Court has sought reply from UP Government in petition filed by Centre for Civil Liberties, against Yash Bharati Awards being given in a.....
Tags : Allahabad High Court, Yash Bharati Awards
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HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)
Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....
Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction
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Kerala HC Directs University to Award Average Marks to Student Whose Answer Sheets Went Missing(15.09.2021)
Kerala High Court has directed the University of Kerala to award average marks to a student whose answer sheets had gone missing during transit, takin.....
Tags : Kerala High Court, Award Average Marks to Student Whose Answer Sheets Went Missing
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Delhi HC Sets Aside Arbitral Award Requiring Antrix to Pay Over 560 Million USD to Devas Multimedia(30.08.2022)
Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 mill.....
Tags : Delhi High Court, Arbitral Award, Antrix Corporation
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SC: Claimant's Cross Objection Maintainable in Insurer's Appeal Against Award(31.01.2020)
Supreme Court has held that claimant in a motor accident compensation case can file cross-objections in an appeal filed by the insurer against the awa.....
Tags : Supreme Court, Cross Objection in Insurer's Appeal Against Award
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Delhi HC to DMRC: Will Summon MD is Balance Arbitral Award Not Paid to DAMEPL Within 4 Weeks(08.09.2022)
Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to make balance payment in terms of a 2017 arbitral award to Delhi Airport Metro Exp.....
Tags : Delhi High Court, Arbitral Award, DMRC
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SC: Claim for Damages Can’t Result in Award Without Proof of Injury(25.10.2023)
Supreme Court has held that a claim for damages, whether general or special, cannot as a matter of course result in an award without proof of the clai.....
Tags : Supreme Court, Award, Damages, Public Policy
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Delhi High Court Says No to Defenses Under FEMA For Enforcement of Foreign Arbitral Awards(17.04.2017)
Delhi High Court has held that foreign arbitral award can be enforced in India pertaining to put options, exit at assured return, and guarantee arrang.....
Tags : Delhi High Court, Foreign Arbitral Awards
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Delhi HC Grants Time to DMRC for Payment of Outstanding Amount of Arbitral Award to DAMEPL(21.06.2022)
Delhi High Court has granted time to Delhi Metro Rail Corporation (DMRC) to ensure payment of the outstanding amount to Reliance Infrastructure-promot.....
Tags : Delhi High Court, Outstanding Amount, Arbitral Award
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Calcutta HC: Award Holder U/S 36 of Arbitration Act Entitled To Be Secured Of Entire Award Value(23.06.2022)
Calcutta High Court has held that award holder has the statutory safeguard under Section 36 of Arbitration and Conciliation Act to secure the entire a.....
Tags : Calcutta High Court, Arbitral Award, Secure
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All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award(25.09.2023)
Allahabad High Court has held that scheme of the Arbitration and Conciliation Act, 1996 does not put any limitation on power of the court to apply the.....
Tags : Allahabad High Court, Doctrine of Severability, Arbitral Award
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Orissa High Court Directs Postponement of State Film Awards Ceremony(14.12.2021)
Orissa High Court has directed the postponement of the Odisha State Film Awards ceremony which was scheduled to be held tomorrow and the day after tom.....
Tags : Orissa High Court, Postponement of State Film Awards Ceremony
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SC: Party Not Barred from Raising New Grounds to Set Aside Award in Section 37 Appeal(09.11.2021)
Supreme Court has observed that a party is not barred from raising an additional ground for setting aside an arbitration award in arbitration appeal u.....
Tags : Supreme Court, Grounds to Set Aside Award in Section 37 Appeal
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Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)
Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....
Tags : Central Government, Payment of Arbitral Award to Contractors
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SC: Appeal Against Award Passed by Compensation Commissioner Only on Substantial Question of Law(15.11.2021)
Supreme Court has observed that an appeal against the award passed by Compensation Commissioner is maintainable only on a substantial question of law .....
Tags : Supreme Court, Appeal Against Award Passed by Compensation Commissioner
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Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC(20.01.2020)
Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in a.....
Tags : Calcutta High Court, Set Aside of Arbitral Award, Insolvency and Bankruptcy Code Provisions
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Calcutta HC: Unreasoned Arbitral Awards are Opposed to Public Policy Under Section 34 of A&C Act(21.01.2020)
Calcutta High Court has set aside an arbitral award that was found to be bereft of proper reasoning and application of mind. The Court has held that a.....
Tags : Calcutta High Court Unreasoned Arbitral Award
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Kerala High Court Reduces Sentence Awarded to Former Priest to 10 Yrs Imprisonment(01.12.2021)
Kerala High Court has reduced the sentence imposed on former priest Robin Mathew Vadakkumchery in the infamous Kottiyoor rape case that had shaken the.....
Tags : Kerala High Court, Sentence Awarded to Former Priest
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Del. HC: Court Can’t Set Aside Majority Opinion of the Arbitral Award(02.01.2024)
Delhi High Court has held that a party can’t file a petition u/s 34 of A&C Act for setting aside a majority or a dissenting opinion, as in the event C.....
Tags : Delhi High Court, Arbitral Award, Majority Opinion
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SC: Court Can’t Modify Arbitral Award U/S 34, 37 of Arbitration Act(13.07.2022)
Supreme Court has held that under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator, it c.....
Tags : Supreme Court, Arbitral Award, Modify, Remand
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SC: Courts Cannot Modify Award Passed Under Section 34 of Arbitration Act(21.07.2021)
Supreme Court has held that Courts cannot modify an award passed under Section 34 of the Arbitration and Conciliation Act, 1996 in Project Director, N.....
Tags : Supreme Court, Modification of Arbitral Award
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SC: Arbitration Award Which Ignores Vital Evidence in Arriving Decision Can be Set Aside(29.07.2021)
Supreme Court has observed that an arbitration award which ignores vital evidence in arriving at its decision or rewrites a contract is liable to be s.....
Tags : Supreme Court, Arbitration Award
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Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)
Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....
Tags : Madras High Court, Arbitral Award, Jurisdiction
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Karnataka HC: Executing Court Cannot Modify Arbitral Award on the Basis of Memo(10.06.2022)
Karnataka High Court has held that in absence of an application filed under Section 33 of the Arbitration and Conciliation Act, 1996 for correction of.....
Tags : Karnataka High Court, Arbitral Award, Memo
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SC: App. for Extension of Time for Passing Arbitral Award Maintainable Even after Expiry of Period(13.09.2024)
SC has held that application for extension of the time period for passing an arbitral award under Section 29A (4) read with Section 29A (5) of the Arb.....
Tags : Supreme Court, Arbitral Award, Extension of Time
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SC: Can’t Set Aside Arbitral Award Only Because Appellate Court's View is a Better View(30.09.2024)
Supreme Court has observed that merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribuna.....
Tags : Supreme Court, Appellate Court, Arbitral Award
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Madras HC Notices Secretary of Prez, Former SC Judge Over PETA Award(01.02.2017)
Madras High Court has ordered notice to Secretary to President Pranab Mukherjee and a Former Supreme Court Judge K S Radhakrishnan Panicker on a petit.....
Tags : Madras HC, President Pranab Mukherjee, Former Supreme Court Judge, PETA Award
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Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment: SC(08.02.2019)
Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.
Tags : Supreme Court, Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment
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SC: Arbitrator Cannot Modify Award on An Application Under Section 33 Arbitration Act(23.11.2021)
Supreme Court has observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conci.....
Tags : Supreme Court, Arbitrator Cannot Modify Award
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Madras HC: Arbitration Court Not to Embark on Fact-Finding Exercise Within S.34 A&C Act(01.03.2021)
Madras High Court has stated that the exercise undertaken to rewrite the arbitration award by ascribing reasons in support of the claims allowed and q.....
Tags : Madras High Court, Setting Aside of Arbitral Award
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Orissa High Court Directs Postponement of State Film Awards Ceremony(14.12.2021)
Orissa High Court has directed the postponement of the Odisha State Film Awards ceremony which was scheduled to be held tomorrow and the day after tom.....
Tags : Orissa High Court, Postponement of State Film Awards Ceremony
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Delhi HC Directs DMRC to Furnish Bank Account Details on Plea Seeking Enforcement of Award(23.12.2021)
Delhi High Court has directed the Delhi Metro Rail Corporation Limited (DMRC) to furnish details of the amounts lying in its bank accounts on a plea f.....
Tags : Delhi High Court, Plea Seeking Enforcement of Award
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Delhi HC: Order Rejecting Appln. for Impleading 3rd Party is Not Interim Arbitration Award(26.12.2022)
Delhi High Court has held that an order of tribunal rejecting the application for impleading a party to arbitration is not an interim award but merely.....
Tags : Delhi High Court, Interim Arbitration Award, Impleading
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Delhi HC: 'Dummy' Appeal Filed Without Award Copy is Non-Est; Cannot Extend Limitation(23.03.2020)
Delhi High Court has held that filing of 'dummy' appeals under Section 34 of Arbitration and Conciliation Act, 1996 without the copy of the impugned a.....
Tags : Delhi High Court, Dummy Appeal Without Award Copy
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SC: Poverty of Accused is Not a Mitigating Factor While Awarding Punishment Under NDPS Act(07.04.2021)
Supreme Court has observed that merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circ.....
Tags : Supreme Court, Mitigating Factor While Awarding Punishment
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Karnataka HC: Challenge to Award in International Commercial Arbitration Can be Made Before HC(25.02.2022)
Karnataka High Court has ordered that in view of Section 2(e)(ii) of the Arbitration and Conciliation Act, 1996 a challenge to an award in an Internat.....
Tags : Karnataka High Court, Challenge to Award, International Commercial Arbitration
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Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates(20.02.2024)
Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates.....
Tags : Delhi High Court, Arbitration and Conciliation Act, Arbitration Award
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P&H HC Directs Lok Adalats to Pass Awards in Compliance with NALSA Regulations(08.01.2021)
Punjab and Haryana High Court has directed that the Lok Adalats in the States of Punjab, Haryana and Union Territory Chandigarh are directed to pass t.....
Tags : Punjab and Haryana High Court, Lok Adalats, Passing of Awards
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P&H HC Directs Lok Adalats to Pass Awards in Compliance with NALSA Regulations(08.01.2021)
Punjab and Haryana High Court has directed that the Lok Adalats in the States of Punjab, Haryana and Union Territory Chandigarh are directed to pass t.....
Tags : Punjab and Haryana High Court, Lok Adalats, Passing of Awards
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Delhi HC: Party Can’t Challenge Arbitral Award After Receiving Payment of Decided Amount(29.01.2024)
Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallow.....
Tags : Delhi High Court, Arbitral Award, Disallowed Claims
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Supreme Court Rejects Adani Gas’ Plea on Piped Gas Distribution Award(24.02.2020)
Supreme Court has upheld an award for piped gas distribution network in Chennai and Tiruvallur districts in Tamil Nadu to a Gujarat- based firms by th.....
Tags : Supreme Court, Adani Gas, Piped Gas Distribution Award
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Kerala High Court Stays Granting of Njanappana Award to Poet Prabhavarma(02.03.2020)
Kerala High Court has stayed the granting of Njanappana award to poet Prabha Varma, the author of Syama Madhavam.
Tags : Kerala High Court, Njanappana Award
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SC: Arbitral Award Can't be Challenged on Ground That Arbitrator Has Failed to Appreciate Facts(19.01.2022)
Supreme Court has reiterated that the Appellate Court exercising power under Section 30 and 33 of the Arbitration Act, 1940 ought not to reassess or r.....
Tags : Supreme Court, Arbitral Award
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SC: Execute Arbitral Award Secured by DAMEPL Against DMRC in 3 Months(15.12.2022)
Supreme Court has directed execution of Rs 7,200 crore arbitral award won by Delhi Airport Metro Express Private Limited (DAMEPL) against State-owned .....
Tags : Supreme Court, DMRC, Arbitral Award
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Delhi HC Agrees to Maintain Confidentiality of Ex- Ranbaxy Promoters in Daiichi Case(04.10.2016)
Delhi HC has allowed application seeking confidentiality of asset declaration made by Malvinder Singh & Shivinder Singh, Ex-Ranbaxy promoters and othe.....
Tags : Delhi HC , Rs. 2562 crore Singapore arbitration award, Ex- Ranbaxy Promoters
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SC: Limitation U/S 34 A&C Act in Case of Suo Moto Correction of Award is Date of Correction(11.01.2023)
Supreme Court has held that starting point for limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of awar.....
Tags : Supreme Court, Correction of Award, Arbitration, Limitation
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Madras HC Dismisses PIL Over Non-Distribution of Cash Awards from CM Endowment(05.03.2021)
Madras High Court has dismissed a public interest litigation petition, which accused the Central Institute of Classical Tamil (CICT), chaired by Chief.....
Tags : Madras High Court, Non-Distribution of Cash Awards from CM Endowment
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SC: Arbitration Can be Set Aside Only if Award Against Public Policy(14.01.2022)
Supreme Court has stated that an arbitration award under the Arbitration and Conciliation Act, 1996 can be set aside only if it is found to be contrar.....
Tags : Supreme Court, Setting Aside of Arbitral Award
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Oral Evidence in Application to Set Aside Arbitral Award Shouldn’t be Allowed: Supreme Court(21.08.2018)
Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before .....
Tags : Supreme Court, Arbitration Award
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Karnataka HC: Maintenance Awarded to Wife Cannot Be Enhanced U/S 127 CrPC(28.02.2022)
Karnataka High Court has held that maintenance awarded to an estranged wife under the provisions of Protection of Women from Domestic Violence Act, 20.....
Tags : Karnataka High Court, Maintenance Awarded to Wife
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Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)
Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....
Tags : Kerala High Court, Commercial Courts Act, Arbitral Award
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Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
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Ker. HC: Payment of Interest Can’t be Reviewed or Added While Enforcing Foreign Award(01.05.2024)
Ker. HC has held that the executing court cannot review a foreign award or add anything to it. Moreover, the executing court cannot go behind the decr.....
Tags : Kerala High Court, Executing Court, Foreign Award, Payment of Interest
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Supreme Court Rules on Limitation Period for Application to Set Aside Arbitration Award(13.08.2018)
Supreme Court has held that limitation period to make application to set aside arbitral award would start running from the date of disposal of the app.....
Tags : Supreme Court, Arbitration Award
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Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)
Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....
Tags : Calcutta High Court, Arbitral Award Holder’s Claim
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Del HC Issues Directions to Centre and State Payment of Unpaid Dues to Reliance Infra(18.03.2023)
Delhi High Court has directed Centre and State to attend to DMRC’s request for extension of sovereign guarantee or subordinate debt to enable it make .....
Tags : Delhi High Court, DMRC, Reliance Infra, Arbitral Award
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Del. HC Quashes Order Upholding Arbitral Award Directing SpiceJet to Pay ?270 Cr. to Kalanithi Maran(22.05.2024)
Delhi High Court has set aside an order that upheld an arbitral award, directing SpiceJet and its chairman, Ajay Singh to pay an amount of ? 270 Crore.....
Tags : Delhi High Court, Arbitral Award, SpiceJet
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SC: No Unusual Treatment to be Given to Govt While Considering Application for Stay of Arbitral Award(15.07.2019)
Supreme Court (SC) had held that there is no unusual treatment to be given to the Government while considering the application for stay under Section .....
Tags : SC, Arbitral Award
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Delhi HC: Arbitral Award Cannot be Sustainable Merely Because of Participation of Parties(31.03.2022)
Delhi High Court has held that the participation of any party is insufficient to infuse life to arbitral proceedings if the award is void ab initio on.....
Tags : Delhi High Court, arbitral proceedings, arbitrator, arbitral award
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Karnataka HC Rejects Plea to Award Bharat Ratna Award to Late Sri Shivakumara Swami(04.04.2022)
Karnataka High Court has rejected a public interest litigation seeking a direction to be issued to the Prime Minister of India to consider the represe.....
Tags : Karnataka High Court, public interest litigation, Bharat Ratna award
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Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)
Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....
Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction
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Telangana HC: Arbitral Award A Nullity If Passed Beyond Prescribed Period(15.04.2022)
Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms a.....
Tags : Telangana High Court, Arbitral Award, Nullity, Prescribed Period
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Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
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Kerala HC: Dissenting Views of Minority Members Does Not Constitute Arbitral Award(18.04.2022)
Kerala High Court has observed that the Arbitral Tribunal can pass only one arbitral award and not multiple awards, stating that dissenting views can'.....
Tags : Kerala High Court, Arbitral Tribunal, arbitral award
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SC: Cannot Enforce Foreign Award if it is Against Government Policy(23.04.2020)
Supreme Court has quashed a 30-year-old award against National Agricultural Cooperative Marketing Federation and ruled that foreign awards against Ind.....
Tags : Supreme Court, Foreign Award
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SC: Arbitration Award Fixing Price of Land Can't be Executed Like a Decree(27.04.2020)
Supreme Court has held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreem.....
Tags : Supreme Court, Arbitration Award Fixing Price of Land
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SC: Parties Challenging Arbitral Award after Limitation Period Can’t Seek Benefit u/s 4 of Limitation(11.07.2024)
Supreme Court has restated that a party challenging an arbitral award beyond the limitation period of three months by using 30 day extension period gi.....
Tags : Supreme Court, Limitation Period, Arbitral Award
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Delhi HC: Arbitral Award Passed in Disregard to Judicial Decisions Conflicts with Public Policy(24.05.2022)
Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions laid down by the courts of India would be in vi.....
Tags : Delhi High Court, Arbitral Award, Public Policy
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Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
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All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)
All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....
Tags : Allahabad HC, Arbitral Awards, Retroactive Application
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Del. HC: Standard Required to be Met by Post Award S.9 Relief is Higher than Pre-Award S.9 Relief(22.10.2024)
Delhi High Court while hearing a matter that arose from a concession agreement executed between parties, has held that standard required to be met by .....
Tags : Delhi High Court, Post Award, Pre-Award
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Bombay HC: Tribunal’s Award Even if Erroneous, has to be Challenged by Invoking S. 34 of A&C Act(24.10.2024)
Bombay High Court has observed that when the ‘Award’ is made by the Facilitation Council / Tribunal by exercising jurisdiction vested in it, however e.....
Tags : Bombay High Court, Section 34, Award
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Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible(22.11.2024)
Delhi HC has affirmed that jurisdiction under Sections 34 & 37 of A&C Act, 1996 is not similar to normal appellate jurisdiction and the legal position.....
Tags : Delhi High Court, Appellate Jurisdiction, Arbitral Award
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Delhi High Court: Arbitral Award Set Aside Due to Failure of Arbitrator to Disclose Conflict(10.10.2024)
Delhi High Court while setting aside the arbitral award due to failure on part of arbitrator to disclose conflict, has held that the duty of arbitrato.....
Tags : Delhi High Court, Arbitral Award, Disclosure
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SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest(14.10.2024)
Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum direct.....
Tags : Supreme Court, Interest, Arbitral Award
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SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest(14.10.2024)
Supreme Court has held that by operation of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the first principle is that the sum direct.....
Tags : Supreme Court, Interest, Arbitral Award
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Judgments
High Court having supervisory jurisdiction under Arbitration Act not expected to sit on appeal against Arbitral Award(21.11.2016)
In instant case, Arbitrator passed the Award, thereby winding up partnership firm and to settle accounts of the firm between parties in terms of Secti.....
Tags : Award, Review, Jurisdiction
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“Venue of Arbitration proceedings” need not essentially be a place where “seat of arbitration” is located”(23.03.2017)
In facts of present case, pursuant to award passed by Arbitrator in favour of Respondent/decree holder, an execution petition was filed before Court b.....
Tags : Award, Execution, Jurisdiction
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Benefit of future prospects should not be confined only to those who have a permanent job and would extend to self-employed individuals(06.03.2018)
In present case, the Appellant was injured in a motor accident. The Tribunal awarded compensation of Rs. 12,81,228 for the injuries suffered by him. T.....
Tags : Award, Compensation, Enhancement
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“Light Motor Vehicle" would include a transport vehicle as per the weight(06.03.2018)
The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third Respondent. The claim arose from the death of the husband of th.....
Tags : Award, Compensation, Liability
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A procedural lapse could not be made basis to reject claim petition(16.11.2018)
Present appeal is filed by the claimants against the final judgment passed by the High Court whereby the High Court dismissed the appeal filed by the .....
Tags : Award, Compensation, Grant
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At initial stage of filing of an application for enforcement, non-compliance of production of documents should not entail in dismissal of application(14.11.2018)
In present matter, the judgment of the High Court directing enforcement and execution of a foreign award is challenged. The High Court rejected the s.....
Tags : Award, Enforcement, Direction
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Mere relationship or being an acquaintance cannot be sole ground to discard the testimony of an otherwise reliable witness(18.01.2019)
Rajinder Kumar Sharma, owner of the vehicle in question has filed the instant appeal assailing the award passed by the Tribunal. A claim petition was .....
Tags : Award, Compensation, Validity
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When right, title and interest was being created in immovable property exceeding value of Rs. 100, award was required to be duly registered(10.06.2019)
In present case, dismissal of the execution proceedings seeking to execute an award passed by an Arbitrator on the ground that, said award was unregis.....
Tags : Award, Execution, Registration
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Concealment of material fact, and active representation that, title to suit lands were good and free from encumbrance, is fraud that results in avoidance of contract(03.07.2017)
Instant appeal questions judgment of a single judge dismissing objections to an arbitration award, preferred by a petition under Section 34 of the Arb.....
Tags : Award, Validity, Facts, Concealment
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Judgment on all issues is to be pronounced mandatorily(04.06.2019)
Present appeal has been filed by the original Claimants challenging the dismissal of their claim petition under Section 166 of the Motor Vehicles Act,.....
Tags : Award, Compensation, Entitlement
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Intervention of the Court is envisaged only in few circumstances like fraud or bias by the Arbitrators or violation of natural justice(03.10.2017)
The Appellant, in present appeals, has challenged the legality and correctness of the judgment and order passed by High Court of Calcutta. Appellant s.....
Tags : Dispute, Arbitrability, Award, Interest
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Interim stay granted in respect of one pocket of land would operate even with respect to other pockets of land(04.09.2019)
The State of Maharashtra have preferred the present appeals against impugned judgments passed by the High Court, by which the High Court has quashed t.....
Tags : Award, Declaration, Proceedings, Quashing of
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A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)
The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....
Tags : Arbitral award, Maintainability, Time period
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Merely because the wife is capable of earning is not a sufficient reason to deny her the maintenance(18.12.2019)
The present revision petition assails the order passed by Family Court in Complaint Case. Vide the aforesaid order passed in the petition filed under .....
Tags : Interim maintenance, Award, Entitlement
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Minor procedural defects which are curable should not be allowed to defeat substantive rights or to cause injustice(28.07.2017)
Petitioner is engaged in carrying out the business of manufacturing and trading of water, beverages, distilled water etc. It is aggrieved by rejection.....
Tags : Tender bid, Award, Legality
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Ground of patent illegality is available under the statute for setting aside a domestic award, if decision of arbitrator is perverse(22.05.2020)
In the facts of present case, learned sole arbitrator has passed the arbitral award dated 29th March, 2016 in respect of Package-I holding. Similar De.....
Tags : Award, Patent illegality, Arbitrator
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No interest is payable, when clauses agreement bars arbitrators from granting interest(07.02.2019)
In present matter, the Appellant herein was awarded the contract under which it was to execute certain Works. Agreement in this behalf was signed on 1.....
Tags : Award, Interest, Legality
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Limitation period would commence only from date on which signed copy of award delivered to party making the application for setting it aside(27.03.2018)
Appellants have filed present appeals challenging the judgment of the High Court by which the High Court has held that challenge to the arbitral award.....
Tags : Arbitral award, Service, Legality
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To fault a decision of the employer, there must be a case of either perversity in the decision or a colourable exercise on part of employer(08.06.2021)
The Petitioner challenges the impugned award of contract to Respondent Nos. 4 and 5 by denying opportunity to the Petitioner. It is, submitted that th.....
Tags : Tender, Award, Legality
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There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)
The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....
Tags : Award, Arbitral proceedings, Termination
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Emergency arbitrator’s award is enforceable under Section 17(2) of the Arbitration Act(06.08.2021)
In present case, proceedings were initiated by the Appellant, Amazon.com NV Investment Holdings LLC ["Amazon"] before the High Court under Section 17(.....
Tags : Emergency Arbitrator, Award, Enforcement
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Minor deviation from explicit terms of NIT would not by itself be sufficient to set aside tender in absence of malafides(11.12.2020)
Petitioner, who is an A Class Contractor, has challenged Exhibit P8 order alleging that, the 2nd lowest bidder on 8th September, 2020 was awarded the .....
Tags : Selection notice, Award, Compliance
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If the contract prohibits pre-reference and pendente lite interest, the arbitrator cannot award interest for the said period(04.10.2021)
Present appeal is directed against the Order of the Division Bench of the High Court whereby it has upheld the judgment of the learned Single Judge re.....
Tags : Award, Interest, Entitlement
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In absence of salary certificate, the minimum wage notification can be a yardstick but cannot be an absolute to fix the income of deceased(01.10.2021)
In instant case, unfortunate parents who lost their son aged about 32 years in the motor vehicle road accident are before present Court claiming enhan.....
Tags : Award, Compensation, Validity
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Expression "Use of the vehicle" can be attracted even where the vehicle is stationary(04.10.2021)
The Appellant-Insurance Company is challenging the judgment and award passed by the Motor Accident Claims Tribunal, Mumbai ('Tribunal'). By the impugn.....
Tags : Accident, Award, Legality
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Contract must explicitly bar pendente lite interest to prevent arbitral award(16.03.2016)
An Arbitrator cannot award interest pendente lite if the same is barred expressly by contract. The Supreme Court distinguished an explicit contractual.....
Tags : Arbitration, interest, award, pendente lite
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When the policy of insurance was in force on the day the vehicle met with the accident, the Insurance Company is bound to pay the amount of compensation(06.12.2021)
Present is Insurance Company's appeal, taking exception to the judgment and award, passed by Chairman, Motor Accident Claims Tribunal, in Motor Accide.....
Tags : Award, Compensation, Validity
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Loss of earning capacity must be fixed at 100%, when injured is incapacitated for life(27.10.2021)
Present appeal arises out of a motor accident claim following the serious injuries suffered by the Appellant, when the motor cycle (where the Appellan.....
Tags : Award, Compensation, Enhancement
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While considering a petition under Section 34 of the Arbitration Act, the Court cannot act as an appellate forum(13.11.2021)
The appeal arises from a judgment of a Single Judge of the High Court. High Court not only set aside the judgment of the District Judge rejecting the .....
Tags : Award, Jurisdiction, Validity
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If there is a specific contract between the parties that proscribes award of interest, award of pre-reference interest would be impermissible(20.12.2021)
The Petitioner (the 'Railway') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('A and C Act') impugning.....
Tags : Award, Interest, Validity
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Every legal representative who suffers on account of death of a person due to a motor vehicle accident should have a remedy for realisation of compensation(24.01.2022)
Appellant impugns award whereby the detailed accident report has been disposed of and compensation awarded. Learned counsel for the Appellant contends.....
Tags : Compensation, Award, Legality
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A liability to pay damages must arise under the contract and not otherwise(03.05.2018)
Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arises from the judgment whereby the Appellant's petition under Section .....
Tags : Award, Counter-claim, Validity
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Arbitral Tribunal is under a statutory duty to state reasons for its conclusion(20.02.2020)
In facts of present case, a tender was issued by Appellant for the work of detailed Design, Engineering, Financing, Procurement, Construction, Operati.....
Tags : Award, Payment, Direction, Legality
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Arbitral award shall not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to appreciate facts(18.01.2022)
The Appellant-claimant has preferred present appeal against the judgment passed by the Division Bench of the High Court partly allowing the appeal pre.....
Tags : Arbitral award, Appreciation of Facts
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Plea for returning acquired land on lapsed acquisition includes indirect challenge on acquisition proceedings(17.08.2015)
Noting the Appellant's plea to return acquired land, borne from an assumed lapse of acquisition, the Court stated that it would be unfair to dismiss t.....
Tags : land acquisition, lapse, award
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Multiple factors are required to be considered while awarding compensation, there cannot be straight jacket formula(25.02.2022)
The original claimant has preferred the present appeal with the prayer to enhance the amount of compensation feeling dissatisfied with the impugned ju.....
Tags : Award, Compensation, Enhancement
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Using any thrasher affixed to the vehicle, will be treated as use of the vehicle (tractor) and as tractor was insured, insurance company is liable to pay compensation(01.03.2021)
This Misc. Appeal under Section 173(1) of Motor Vehicles Act, 1988 has been preferred by the Appellant-Insurance Company, assailing the Award passed b.....
Tags : Award, Compensation, Legality
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An award can be set aside only if the award is against the public policy of India(11.01.2022)
The Appellant - Haryana Tourism Limited ('Corporation') invited tenders/quotations for the supply of Aerated Cold Drinks at its Tourist Complexes for .....
Tags : Award, Arbitrator, Jurisdiction
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Arbitral tribunal has power to award future interests on the awarded amounts, which as expressly provided under Section 31(7)(a), may include interests on the amounts awarded(19.04.2022)
The Petitioner has issued a Notice Inviting Tender for three construction projects. The Respondent being the successful bidder entered into an agreeme.....
Tags : Interest on award, Arbitral Tribunal
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Court cannot interfere with the discretion exercised by the Ombudsman in the award of interest and the date on which it is made payable(20.06.2022)
The Petitioner has preferred present writ petition being aggrieved by award passed by the Insurance Ombudsman, Kochi declining to grant interest on th.....
Tags : Letter of acceptance, Award, Compliance
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Arbitrator has the inherent discretion to grant post-award interest(01.09.2022)
Present appeal arises from a judgment of the High Court by which the appeal under Section 37 of the Arbitration and Conciliation Act 1996 against a ju.....
Tags : Discretion, Award, Interest
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Once the order of termination was approved by the Industrial Tribunal, the findings recorded by it are binding between parties(30.09.2022)
Present appeal is against the impugned judgment and order passed by the High Court of Judicature by which the Division Bench of the High Court has dis.....
Tags : Award, Termination, Misconduct
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Burden of establishing the fact that the offending vehicle was being driven by a person holding valid driving licence is on the owner of the vehicle(30.09.2022)
The Appellant-Insurance Company, who is original Respondent, has challenged the judgment and award, passed by the Motor Accident Claims Tribunal, ("th.....
Tags : Award, Compensation, Liability
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It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)
The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....
Tags : Claim, Limitation, Arbitral award
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Rights and duties of the parties to the contract subsist or perish in terms of the contract itself(18.11.2022)
Present appeal is against the decision of the High Court in an Arbitration Revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhin.....
Tags : Agreement, Award, Legality
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Erroneous application of law cannot be categorised as patent illegality(06.01.2023)
Appellant by way of present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) impugns judgment, whereby the obje.....
Tags : Objections, Award, Patent illegality
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Place of arbitration determines law applicable to arbitration and related matters(10.03.2017)
Appellant-Imax Corporation has challenged interim order passed by High Court of Judicature at Bombay, by which High Court held that, petition under Se.....
Tags : Award, Jurisdiction, Maintainability
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Merely because pay-scale may have been and remained the same, it cannot lead to conclusion of a conscious parity on principle of equal pay for equal work(11.05.2018)
The Appellant sought a Reference on 24th October, 1979, under the Industrial Disputes Act, 1947 with regard to revision of pay-scale of Security Staff.....
Tags : Award, Pay-scale, Parity
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Use of a vehicle in a public place without a permit is a fundamental statutory infraction(17.05.2018)
The legal representatives of the deceased, preferred a claim petition before the Tribunal claiming compensation to the tune of Rs. 36,00,000. The clai.....
Tags : Award, Compensation, Liability
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Unless any prejudice is shown to be caused, the High Court should not interfere with the award passed by the Tribunal on the ground of lack of territorial jurisdiction(01.02.2023)
The present appeal under Section 173 of the Motor Vehicles Act, 1988, preferred by the insurer, seeks to assail the award passed by the learned Motor .....
Tags : Award, Jurisdiction, Legality
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A Court cannot interfere in the plausible view taken by the arbitrator which is supported by reasoning(11.05.2020)
In facts of present case, Appellant was awarded the work order dated 20th July, 1995 pursuant to a tender floated by the Respondent in 1994. The contr.....
Tags : Award, Quashing of, Legality
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Unless there is a specific bar under the contract, it is always open for the Arbitrator/Arbitral Tribunal to award pendente lite interest(17.03.2023)
The Indian Railway Construction Company Limited ("IRCON") has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgme.....
Tags : Award, Interest, Grant
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Appellate Court should generally not interfere unless it is apparent that the perversity of the arbitral award goes to the root of the case(20.03.2023)
Present appeal has been filed challenging the order passed by the learned Single Judge, whereby the objections of the Appellant under Section 34 of th.....
Tags : Arbitral award, Proceedings, Objections
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Interest is compensatory in nature and is parasitic on the principal amount(02.06.2023)
The present appeal has been insinuated under Section 37 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the judgment whereby ob.....
Tags : Award, Interest, Legality
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It is the duty of the insured/owner of vehicle to establish that he took reasonable care to engage the driver having valid authorization(08.08.2023)
The Appellants/original claimants impugn the judgment and award passed by the Motor Accident Claims Tribunal. The Tribunal passed an award for Rs. 1,5.....
Tags : Award, Compensation, Legality
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When the statute provides a remedy by way of appeal against the award, the High Court ought not to have entertained the writ petition(04.05.2022)
The original claimant has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Cou.....
Tags : Award, Statutory remedy
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Court does not sit in appeal over the arbitral award and may interfere on merits on the limited grounds(11.07.2023)
The present appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 impugns order passed by trial Court whereby, the objection pet.....
Tags : Award, Objection, Grounds
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Successful resolution applicant cannot be faced with undecided claims after the resolution plan has been accepted(11.09.2023)
An agreement was entered into on 2nd August, 2006 between the Appellant and KST Infrastructure Private Limited ('the Corporate Debtor'), for developme.....
Tags : Resolution plan, Approval, Award
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Appeal from an order of Commissioner can be entertained, only if, substantial question of law exist(04.09.2023)
Present appeal is filed assailing the judgment passed by the High Court whereby the Court has set aside the order of the Commissioner awarding compens.....
Tags : Compensation, Award, Entitlement
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If the Judgment debtor has intimated the decree holder and award amount is available for withdrawal unconditionally, the liability of judgment debtor would cease on the date of deposit(04.09.2023)
By way of present Execution Petitions filed under Section 36 of the Arbitration and Conciliation Act, 1996 ('the A&C Act') read with Order XXI Rule 1 .....
Tags : Award, Execution, Interest
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No interference with the arbitral award would be warranted unless the Court finds that the view is patently illegal or perverse(19.09.2023)
By way of present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the A&C Act'), the Petitioner-National Highways Auth.....
Tags : Award, Damages, Legality
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Principle, ex proprio vigore, would be applicable to arbitrator and multi-member arbitral tribunal as well, particularly when it is faced with a judicial decision ordering a limited remand(19.10.2023)
Present appeal, at the instance of Appellant, registers a challenge to the judgment passed by the High Court dismissing an appeal carried by the Appel.....
Tags : Arbitral award, Quashing of, Validity
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Under Section 34 of the Arbitration Act, scope of interference by the courts is very limited and it can be touched upon only if there is any patent illegality in the Arbitral Award(23.01.2024)
Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 11 of the Commercial Acts, 2015 impugns the order pass.....
Tags : Award, Direction, Legality
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When the very basis of entering into the agreement have been set aside, agreement itself can’t be relied upon by any of the parties(18.04.2024)
The Appellant-State of Madhya Pradesh-Defendant in the Original Suit filed by Satish Jain (Respondent No. 1), since deceased, represented by his legal.....
Tags : Award, Implementation, Legality
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Unless exceptional circumstances are shown, rate of interest awarded to the claimants should be 7.5% from date of filing of petition(07.05.2024)
The Appellant/insurance company has preferred present appeal in terms of Section 173 of Motor Vehicles Act, 1988 assailing the impugned judgment-cum-a.....
Tags : Award, Compensation, Legality
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Writ Court while exercising the power of judicial review may interfere, if order has been passed by an incompetent authority or without following the principles of natural justice(30.07.2024)
Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records pertai.....
Tags : Award, Reinstatement claim, Entitlement
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Courts are not supposed to grant interest on interest except where it has been specifically provided under the statute(07.08.2024)
The sole issue before present Court is whether interest is payable on interest or whether 15% interest per annum awarded would be on the principal sum.....
Tags : Interest, Award, Power
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Burden to prove that the workman was in continuous employment of 240 days with the management is on the workman herself/himself(11.12.2023)
Present petition assails award passed by Presiding Officer, Labour Court. The Learned Labour Court vide the impugned award has rejected the Petitioner.....
Tags : Award, Benefit, Provision
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FIR is not a substantive piece of evidence; it can be used only for purposes of corroboration or contradiction of maker only(08.05.2017)
Aggrieved by nil award passed by learned Member, Motor Accident Claims Tribunal, present appeal is preferred by appellant-claimants. Appellant claimed.....
Tags : Nil Award, Compensation, Entitlement
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Punishment can be interfered only if Court comes to a positive conclusion that, penalty imposed on the employee shocks its conscience(22.01.2024)
Present are cross Petitions filed by the employer and the workman challenging the award passed by the Presiding Officer. By the impugned Award, the Re.....
Tags : Award, Penalty, Legality
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Failure of the claimants to produce evidence in support of the income of the deceased does not justify adoption of the lowest tier of minimum wage while computing the income(10.01.2022)
Present appeal is directed against a judgment and award in Application passed by learned Member, Motor Accident Claims Tribunal, Mumbai (Tribunal'), w.....
Tags : Award, Compensation, Enhancement
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