Search Results for Tag : Illegality

International Cases

Doctrine of illegality bows down to public interest(20.07.2016)

A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....

Tags : uk, doctrine of illegality, public interest, insider information

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Judgments

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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While exercising the power under Order VII Rule 11 of CPC, the Court has to see the averments made in the plaint and documents relied upon by the Plaintiff(05.07.2022)

The present revision petition has been filed challenging the impugned order whereby the application under Order VII Rule 11 of Code of Civil Procedure.....

Tags : Revisional jurisdiction, Interference, Illegality

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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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News

Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)

Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....

Tags : Delhi High Court, Government Contract, Illegality

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SC: 'Patent Illegality' a Ground Available to Set Aside Domestic Arbitral Awards(25.05.2020)

SC has observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if it is patently illegal.

Tags : Supreme Court, Patent Illegality

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Bom. HC: Illegality of Appointment Procedure Not Ground for Rendering Arbitration Agreement Invalid(09.05.2023)

Bombay High Court has held that mere illegality of the appointment procedure would not swipe the entire arbitration agreement into illegality and what.....

Tags : Bombay High Court, Appointment Procedure, Illegality of Appointment

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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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HP HC: Can’t Set Aside Award Unless Patent Illegality Established u/s 34 of A&C Act(14.11.2024)

Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996.....

Tags : HP High Court, Section 34, Patent Illegality

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Supreme Court: Article 14 is a Concept Clothed in Positivity Based on Law(15.11.2024)

SC has held that the idea of equality under Article 14 is a concept clothed in positivity based on law. It can be invoked to enforce a claim having sa.....

Tags : Supreme Court, Article 14, Illegality

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Supreme Court: Court Cannot be Used as Means by Any Person to Perpetuate Illegality(22.08.2019)

Supreme Court has observed that the Court cannot be used as a tool by a litigant to perpetuate illegality and observed that a person who has liability.....

Tags : Supreme Court, Illegality

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