Arbitration Law - Limitation for Setting Aside Award - Appellant State challenged arbitral award dated June 30, 2022 - Petition under Section 34 filed on October 31, 2022 after Pooja vacation - High Court dismissed the petition for being time-barred - Supreme Court affirmed High Court's decision - Held, limitation period expired on September 30, 2022 - No benefit under Section 4 of Limitation ...
Education Law – Promissory Estoppel – Legitimate Expectation – Return of Applications for Special Education Courses – RCI’s Decision – Judicial Review – Writ Petitions Against RCI Circulars
Representation and Reliance - Circulars issued by RCI invited fresh proposals from institutions for conducting special education courses for the academic s...
Arbitration – Extension of Arbitral Tribunal's Mandate – Arbitration Law – Applications filed under Section 29(A)(4) and Section 29(A)(5) of the Arbitration & Conciliation Act, 1996 – M/s Geo Miller & Co. Pvt. Ltd. and GPT Infraprojects Limited sought extension of arbitral tribunal’s mandate – High Court appointed arbitrators under Section 11 o...
Arbitration and Conciliation - Termination of Arbitral Proceedings - Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 - Arbitral Tribunal's Order Terminating Proceedings - Appeal Against High Court’s Decision Setting Aside Termination - Held: The power under Section 32(2)(c) can be exercised only if the continuation of the proceedings has become unnecessary or impossible - ...
Arbitration Law – Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 – Dispute over service contract and recovery of dues – High Court dismissed the application for lack of formal notice invoking arbitration – Requirements under the contract for arbitration notice not fulfilled by the applicant [Paras 1, 7-10].
Contractual Obligations...
Arbitration Law – Jurisdiction under Section 29A of Arbitration and Conciliation Act, 1996 – High Court’s jurisdiction to entertain applications for extension of mandate of arbitral tribunal – Applications under Section 29A seeking extension of time to pass award filed before High Court – Preliminary objection raised by non-applicants regarding maintainability before ...
Arbitration Law – Arbitral Award – Section 37 of the Arbitration and Conciliation Act, 1996 – Appellant challenged arbitral award and Section 34 dismissal – Arbitral award partially allowed claims of claimant based on supplementary agreement – Appellant argued supplementary agreement required state approval, was not granted, and breaches were based on it – Arbit...
Arbitration – Dispute over Final Settlement – Appeals against orders of High Court appointing arbitrator – Appellant insurance company argued the claim was fully settled – Respondent claimed settlement was under coercion and sought further arbitration – Supreme Court examined whether execution of discharge voucher precludes arbitration [Paras 1-84].
Full ...
Background and Appeals – Cross-appeals filed by M/s Oravel Stays Pvt. Ltd. (OSPL) and Nikhil Bhalla (NB) against the order of the learned Commercial Court rejecting OSPL's application to refer the dispute to arbitration under Section 8 of the A&C Act - Both parties challenge aspects of the judgment related to the existence and scope of the arbitration agreement under the Marketing an...
Arbitration Law - Reversal of High Court Order – Admissibility of Agreement Post Ex-parte Decree Revocation – Supreme Court Appeal – Civil Appeal where Supreme Court reverses High Court’s order affirming arbitrator’s award. The trial pertained to disputed land owned by the State of Madhya Pradesh, allocated to Bhopal Municipal Corporation (BMC) for bus stand construct...