Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Ground of public policy - When setting aside of award comes under ground of public policy, it would mean that award should shock conscience of Court and would not include what Court thinks is unjust on facts of case seeking to substitute its view for that of arbitrator to do what it..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Appellant awarded contract by respondent for earth excavation work - Performance of contractual obligations by appellant were dependent on reciprocal performances by respondent - Respondent failed to comply with its obligations - Accessibility to site was important part..........
Constitution of India, 1950, Article 226 -- Eligibility criteria - Tender - Award of contract - Judicial review - In the instant case, professional agencies can participate in process regardless of their composition - Hence, second respondent allowed to participate in these circumstances as it is not clearly precluded by terms of tender/NIT - Moreover, Court cannot enter..........
Constitution of India, 1950, Article 226 -- Tender - Award of contract - Judicial review - Power of judicial review under Art.226 of the Constitution is constrained in matters relating to award of public contracts...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Illegal and unauthorised retention of security money - Claim of interest - Contract relating to upgradation and remodeling of Palika Bazar - Petitioner failed to place on record any document that there is any embargo on petitioner making any payment to respondent during pendency of..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Reference - Maintainability - Once acquisition is made with consent, it cannot be said that reference was not maintainable, particularly, when landowners submitted application that they are not satisfied with validity and correctness of agreement and again immediately they filed application seeking reference..........
Service -- Armed forces - Promotion - Post of Lieutenant General - Selection criteria - Members of Promotion Board are empowered to award marks out of 2 marks which were reserved for them as per Promotion policy - It is not the Annual Confidential Report (ACR) alone but overall profile of an officer which is to be looked into...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Previous award in respect of village `J' was relied upon by High Court in reducing compensation - No application was moved U.O.41.R.27 CPC for taking on record the said previous award - It is thus, necessary to move an application for additional evidence and opportunity of rebuttal has to be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Reference Court while determining the compensation relied upon award of village in question, where acquisition had been made, which could not have been ignored - Award relied upon by Reference Court was a proper exemplar - Though High Court modified the award of Reference Court and reduced the..........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Objections - Application u/s 33 of the Act - Maintainability - Objections dismissed not only on ground that they were time barred but also on merits - Arbitrator dismissed application filed u/s 33 of the Act on ground that it was not maintainable u/s 33 of the Act because same was in fact for seeking review of..........
