Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of judicial review under Art. 226. Held, appellant can certainly be relieved for that rotation year. Appellant directed to be considered for nomination as HoD/ Director when […]
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was opposed on the premise that the MOU ceased to exist on and from the date of the shareholder’s agreement(SHA) which superseded the MOU and novated the same. Held, is thus non-determinable by court at the stage of reference when
Provision of law applicable after coming into force of the 2019 Act: S. 23 of the 1986 Act provide that no appeal shall be entertained by Supreme Court unless the person who is required to pay the amount deposits 50% of the amount or Rs 50,000, whichever is less is not applicable to the complaints
Consumer Protection Act, 1986 — S. 23 — Appeal to Supreme Court Read More »
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 not invoked, is not valid. Award on lease rental and lease duration i.e pertaining to lease agreement is not permissible, when arbitration has been invoked
Arbitration and Conciliation Act, 1996 — Ss. 34 and 5: Read More »
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 within the domain of the arbitration. Zostel Hospitality Private Limited v. Oravel Stays Private Limited, (2021) 9 SCC 765
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 of Chhattisgarh v. SAL Udyog (P) Ltd., (2022) 2 SCC 275]
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 some other material terms and conditions of the contract and was lucid in his reasoning. Held, the consistent view is taken in several judicial pronouncements
Arbitration Act, 1940 — Ss. 30, 33 and 39 — Arbitral award — Read More »
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 finality i.e. is not appealed against at the appropriate stage. Subsequent invocation of arbitration under the 1983 Act regarding identical claims i.e. after an award
Arbitration and Conciliation Act, 1996 — Ss. 11 and 34: Read More »
Court had power to condone eight days’ delay, which was less than thirty days, in terms of proviso to sub-section (3) to S. 34 of the 1996 Act. In this case, in application seeking condonation of delay, it was inter alia stated that after receiving a copy of award appellant had engaged an empanelled advocate
The duties of the insured and insurer to disclose all material facts at contract formation/pre-contract stage or renewal stage, held, include the duty of the insurer or its agent to notify the insured of any material change(s) in the policy terms at the pre-contract or renewal stage. Thus, held, insurer cannot contend that the insured
Terms & Conditions
The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:
The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE