Arbitration and Conciliation Act, 1996 — Ss. 11 and 34:
Award passed by an arbitrator appointed under 1996 Act by Court with consent of parties despite the existence of M.P. Madhyastham Adhikaran Adhiniyam, 1983 is binding, when the same attains…
Arbitration Act, 1940 — Ss. 30, 33 and 39 — Arbitral award —
Scope of interference with, by Court — Law summarized: The fact situation that the learned sole arbitrator relied on the facts of the case, the conduct of the parties and…
Arbitration and Conciliation Act, 1996 — Ss. 34 and 28(3) — Setting aside of award on ground of patent illegality —
When arbitrator fails to decide matter in accordance with terms of contract governing parties, it will attract “patent illegality ground” as it amounts to gross contravention of S. 28(3). [State…
Arbitration and Conciliation Act, 1996-Ss.11(6) and 11(6-A) r/w S.8-Arbitrability of the disputes-
Respondent contended that disputes sought to be raised were under the non-disclosure agreement and, therefore not arbitrable, inasmuch as, there was no arbitration agreement in that agreement. Held, ordinarily falls…
Arbitration and Conciliation Act, 1996 — Ss. 34 and 5:
Award on issues/matters beyond the scope of the arbitration clause which was invoked, as the issues/matters in question pertained to another distinct agreement, arbitration clause in which latter agreement was…
Arbitration and Conciliation Act, 1996-Ss.11,8 and 11(6-A)- Interference by the court at the referral stage-
Arbitration clause contained in the Memorandum of Understanding (MOU) was invoked by the petitioner but was opposed on the premise that the MOU ceased to exist on and from the…
Election — Election Petition/Trial — Practice and Procedure for Election Trial — Affidavit/Verification:
Election petition based on allegations of corrupt practices not supported by an affidavit in Form 25, as prescribed under R. 94-A of the 1961 Rules cannot be thrown out at…
Service Law — Appointment — Judicial review/Validity of appointment: Grounds for judicial review:
illegality, irrationality and procedural impropriety, held, not attracted in this case. Courts in exercise of power under judicial review, held, cannot interfere with selections made by expert bodies, as in…
Service Law — Reinstatement/Back Wages/Arrears — Reinstatement with back wages — Entitlement to — Principles summarized — Wrongful termination —
Entitlement to back wages: Denial of back wages to appellant CA, whose termination was found unjustified, not proper. [Pradeep v. Manganese Ore (India) Ltd., (2022) 3 SCC 683]
Service Law — Judiciary — Compulsory retirement discounting the Binding effect Report/decision of Vigilance/Disciplinary Committee:
In this case, Full Court of High Court recommended compulsory retirement of petitioner from post of Additional District & Sessions Judge for irregular deposits/withdrawal from his bank account, rejecting reports…