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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

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High Court of Bombay Quashes Labour Court Orders Condoning Delay and Setting Aside Ex-Parte Award in Industrial Dispute. Labour Court Becomes Functus Officio Once Award Enforceable Under Section 17A of Industrial Disputes Act, 1947.

The petitioner workman filed a writ petition under Article 226 of the Constitution challenging two orders of the Labour Court dated July 12, 2004 and ...

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Supreme Court Reinstates Arbitral Award and Dismisses High Court's Interference in Arbitration Appeal. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-appreciating Evidence and Entering into Merits of Claim, Contrary to Limited Scope of Appellate Review.

The dispute originated from a contract between Haryana Tourism Limited (Corporation) and a respondent company for supply of aerated cold drinks at tou...

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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

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Supreme Court Allows Workman's Appeal for Wages from Date of Reinstatement Award to Actual Reinstatement Despite Stay. Employer Cannot Deny Wages for Period of Stay Obtained by Itself Under Section 33-C(2) of Industrial Disputes Act, 1947.

The appellant, D.N. Krishnappa, was a workman employed with the respondent bank. He was dismissed from service on 27.09.1996. The Central Government I...

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Supreme Court Allows Appeals of Housing Board Against High Court Order Directing Arbitration Tribunal to Entertain Fresh Claim Despite Prior Arbitral Award. Principle of Issue Estoppel and Finality of Award Under Arbitration Act, 1996 Applied.

The case involves three civil appeals by the Madhya Pradesh Housing and Infrastructure Development Board against a common judgment of the Madhya Prade...

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High Court Quashes Lok Adalat Award in Motor Accident Claim Due to Lack of Claimants' Signatures on Settlement Memo. Lok Adalat Award Set Aside as Settlement Memo Not Signed by Claimants, Violating Section 20 of Legal Services Authorities Act, 1987, and Appeal Restored for Merits Hearing.

The dispute arose from a motor accident claim where the husband and father of the petitioners died in a road traffic accident. The Motor Accidents Cla...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...