12 August 2024

Search Results for Tag : Section 34

Judgments

Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)

Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....

Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal

News

Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)

Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....

Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34

JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)

Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....

Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act

SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene(07.02.2024)

SC while observing that there wasn’t oral or documentary evidence to attribute accused with common intention of murder has held that inference was dra.....

Tags : Supreme Court, Common Intention, Section 34 IPC

SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....

Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act

Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)

Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....

Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act

Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)

Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....

Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal

Orissa HC Upholds Constitutional Validity of Section 34 RP Act(02.05.2022)

Orissa High Court upheld the Constitutional validity of Section 34 of the Representation of the People Act, 1951 that specifies that eligible citizens.....

Tags : Orissa High Court, Section 34, Representation of the People Act, 1951, State Legislative Assembly, Member of Parliament

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

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

HP HC: Court Must Confine Itself to Grounds Under Section 34 While Hearing Appeal u/s 37 of A&C Act(18.11.2024)

HP High Court has held that a court while dealing with appeals under Section 37 Arbitration and Conciliation Act, 1996, has a very narrow scope of int.....

Tags : HP High Court, Scope of Interference, Section 34

MP HC: Can Set Aside Award u/s 34 of A&C Act if Arbitrator Travels Beyond Arbitration Agreement(18.11.2024)

MP High Court has held that while passing an award if the arbitrator travels beyond the terms of arbitration agreement then the award can be set aside.....

Tags : MP High Court, Arbitration Agreement, Section 34

Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act(21.11.2024)

Delhi High Court has held that it is settled law that where the arbitrator has taken a possible/plausible view, the court would refrain from interferi.....

Tags : Delhi High Court, Section 34, Plausible View

All. HC: Application u/s 34 Can’t be Dismissed for Non-Filing of Certified Copy if Explanation Given(03.10.2024)

All. HC has observed that in an application under Section 34 of Arbitration and Conciliation Act, 1996, signed copy of award given by arbitrator must .....

Tags : Allahabad High Court, Section 34, Certified Copy

Copyright © 2024 - All Rights Reserved