Search Results for "patent illegality"

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Search Results for "patent illegality"

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High Court

Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Upholds Award of Mesne Profits and Interest. Court holds that an arbitral tribunal can award mesne profits for unauthorized use of property and interest from the date of cause of action, and that the court cannot re-appreciate evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

25 Oct 2018

The case involves two writ petitions filed by Kailash Anupam Khimsiya and Alpesh Maganlal Khimsiya (petitioners) challenging an arbitral award dated 3...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Port Trust Contract Dispute — Interest Award Set Aside as Contrary to Contractual Bar. The court upheld the refund of deducted maintenance charges but struck down the interest component as patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Apr 2018

The Jawahar Nehru Port Trust (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral awar...

High Court

Bombay High Court Dismisses MCGM's Appeal Against Arbitral Award in Commercial Dispute — Upholds Single Judge's Refusal to Set Aside Award Under Section 34 of Arbitration Act. Court Holds That Challenge to Arbitral Award on Grounds of Patent Illegality and Public Policy Must Be Based on Clear Violation of Law or Contract, Not Mere Erroneous Application of Law.

22 Dec 2017

The appellant, Municipal Corporation of Greater Mumbai (MCGM), filed a Commercial Appeal under Section 13 of the Commercial Courts Act, 2015 and Secti...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Loan Guarantee Dispute — No Patent Illegality Found. Guarantor's Liability Upheld Under Section 34 of Arbitration and Conciliation Act, 1996 as Arbitrator's Findings Were Based on Evidence and Not Perverse.

20 Dec 2017

The petitioner, Shantanu Shreedhar Sheorey, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

High Court

High Court of Karnataka Dismisses Appeal Under Section 37 of Arbitration Act Against Rejection of Section 34 Application — Arbitral Award Not Patently Illegal or Contrary to Public Policy. The court upheld the dismissal of the challenge to the arbitral award, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Oct 2019

The appeal was filed by the Chief Commercial Manager/FM, South Western Railway, representing the Union of India, against the judgment dated 23/9/2017 ...

High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Commercial Dispute — No Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court upholds award as not patently illegal or against public policy, confirming that findings of fact by arbitrator are final.

6 Jan 2016

The appellant, M/s. Karnataka Soaps and Detergents Limited, a Government of Karnataka undertaking, was aggrieved by the judgment dated 03.12.2009 pass...

High Court

Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property.

5 Jun 2017

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petiti...

High Court

High Court of Bombay Dismisses ONGC's Challenge to Arbitral Award in Vessel Maintenance Contract Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be in Conflict with Public Policy or Patent Illegality. The court upheld the arbitral tribunal's interpretation that the respondent was not liable for pre-existing HOTO defects, as the contract did not impose such liability.

18 Oct 2010

The petitioner, Oil & Natural Gas Corpn. Ltd. (ONGC), challenged an arbitral award dated 2nd April, 2008 under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Employment Dispute — Liquidated Damages and Salary Dues Upheld. Court finds no patent illegality or perversity in arbitrator's award for breach of confidentiality and non-compete clauses under Section 34 of Arbitration and Conciliation Act, 1996.

28 Oct 2010

The petitioner, Anindya Mukherjee, an expert in marketing of coating, flooring and concrete, joined Thortex Coating (later renamed Clean Coats Pvt. Lt...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in LPG Dealership Dispute — Termination Upheld as Valid. Arbitrator's findings on breach of agreement clauses and quantification of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

30 Aug 2010

The Petitioner, Ms. Anila Gautam Jain, proprietress of M/s. Badal Agency, was appointed as a dealer by the Respondent, Hindustan Petroleum Corporation...

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