Showing : 51-60 of 206 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Claim based on hire charges on amount of loss caused by wrongful seizure of machinery or equipment - Arbitrator ought to have ascertained the total value of machinery - Hire charges may at times furnish the basis for determining the compensation - But such..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Award of arbitrator may not be interfered with on the ground that same was erroneous or on the ground that different view can be taken on merits of controversy as while considering an objection to award, Court does not sit in appeal over decision on merits -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, Indian Contract Act, 1872, Section 10-- Contractual relationship - Sub-contract - Liability of Principal - Contractor gave sub-contract to appellant/sub contractor for performance of work entrusted to him by principal - Dispute arising between contractor and sub-contractor for payments - Contract was only between contractor and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 34, 42, Civil Procedure Code, 1908, Section 20-- Arbitration award - Setting aside - Arbitration award of a Court within jurisdiction of one High Court cannot be challenged in a Court within jurisdiction of another High Court - Exercise of jurisdiction by such Court shall be against provision of S.42 of 1996 Act...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34(2)(b)(ii)-- Arbitral award - Conflict with public policy of India - Where question arises out of a conflict between an action under a State Law and an action under a Central Law, the term public policy of India must necessarily be understood as being referable to policy of Union...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 16-- Arbitration award - Setting aside - Objection as to jurisdiction - Not permissible to be raised after filing of written statement - There is prohibition on a party from raising a plea that Tribunal does not have jurisdiction after the party has submitted its statements of defence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy Test - When a Court is applying public policy test to an arbitration award it does not act as a Court of appeal and errors cannot be corrected - Arbitrator is ultimate master of quantity and quality of evidence to be relied upon when he delivers..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - None of the grounds contained in S.34(2)(a) of Arbitration Act deal with merits of decision rendered by arbitral award - It is only when award is in conflict with public policy of India then merits of an arbitral award are to be looked into..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Public policy of India - Award against justice and morality - Interference on these grounds warranted only if something shocks the Court's conscience - Expression `justice' cannot possibly include what Court thinks is unjust on facts of case for which it then seeks..........

Showing : 51-60 of 206 Results