Search Results for "Patently illegal"

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Search Results for "Patently illegal"

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High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of EPF/ESI Withholdings but Remits Liquidated Damages Issue for Reconsideration. The court found that the arbitrator's rejection of liquidated damages was patently illegal due to non-consideration of contractual provisions, while the refund of EPF/ESI withholdings was valid.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, arising from an arbitral award dated 01.07.2019. T...

High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of Withheld EPF/ESI Amounts but Remits Liquidated Damages Issue for Reconsideration. The court held that the rejection of liquidated damages claim was patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996, while the award of refund of EPF/ESI deductions was not against public policy.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 01.07.2019. Th...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The court upheld the arbitrator's findings of fact and declined to re-appreciate evidence, reaffirming the limited scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Dec 2025

The petitioner, Sharekhan Limited, a stock broker, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbi...

Supreme Court

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.

1 Jan 2025

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...

High Court

Court Quashes State Decision to Shift Navi Mumbai Sports Complex, Reaffirms Public Interest. Judgment emphasizes the importance of accessible sports facilities, criticizes arbitrary land reallocation for commercial use, and mandates CIDCO to hand over land for the original sports complex.

1 Jul 2024

The Public Interest Litigation (PIL) by the Indian Institute of Architects, Navi Mumbai Center, challenges the allocation of land originally designate...

Supreme Court

Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

31 Jan 2022

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Quashes Vindictive Transfer Order of MSRTC Employee. Transfer Order Based on Employee Obtaining Stay from Labour Court Held Illegal and Malafide.

3 Oct 2018

The petitioner, Amol Radhakrushna Thakare, an employee of the Maharashtra State Road Transport Corporation (MSRTC), challenged his transfer order date...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

9 Jun 2015

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

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