Arbitration and Conciliation – Challenge to Arbitral Award – NHAI challenged the award under Section 34 of the Arbitration & Conciliation Act, 1996. Dissenting award by one of the arbitrators. NHAI objected to the quantum of damages awarded based on delay in handing over the site. [Para 1-2]
Contractual Agreement – Scope of Concession Agreement – Arbitral Award in th...
Petition for ‘No Objection Certificate’ – Petitioner challenges the rejection of his application to open a retail meat shop. The rejection is based on an unfavorable police report, citing proximity to religious places and potential unauthorized meat sales. [Para 1-3]
Presumptive Grounds – The court finds that the ground of potential unauthorized meat sales is presumptive...
Arbitration – Award – Challenge to Award – Appellant challenged judgment setting aside award concerning road construction contract – Issues related to legal misconduct of arbitrator, time-barred claim, pursuit of claims after original contractor's death, and contractual preclusion – Trial court and High Court held award vitiated by legal misconduct and time-barred...
Arbitration – Road Construction Contract – Award Set Aside by High Court – Appeal by Contractor – Challenge to the common judgment of the Aurangabad Bench of the Bombay High Court, which set aside an award in favor of the appellant concerning a road construction contract [Para 1-7].
Limitation – Claim Crystallization – The court observed that the claim crysta...
Civil Jurisdiction - Territorial Jurisdiction - Arbitration Agreement - Interpretation of seat of arbitration - Dispute over territorial jurisdiction - Whether the court has territorial jurisdiction to entertain the present petition - Examination of arbitration agreement's clauses - Determination of the "seat" of arbitration - Analysis of relevant precedents regarding seat of arbitra...
Criminal Appeal – Murder – Appellants challenging their conviction under Sections 302, 323, 504, and 149 of the Indian Penal Code (IPC) – Analysis of ocular account – Principles for appreciating ocular evidence – Consistency of witness statements – Medical evidence corroborating ocular account – Recovery of weapons – Application of Section 149 of IPC...
Arbitration Agreement – Prima facie consideration of the existence and validity of an arbitration agreement within the context of an application under Section 8 of the Arbitration and Conciliation Act – Court's role in determining the existence of a valid arbitration agreement and referring parties to arbitration – Application filed by plaintiff challenging the validity of a ...
Arbitration and Additional Evidence - Petitioner filed a challenge against an order passed by the Arbitrator declining their application for additional evidence - Petitioner sought to present photographs, videos of locality, and sale-deeds to determine compensation - Court relied on Glenocore International case, holding that additional evidence may be permitted in appropriate cases - Impugned orde...
Arbitration - Appointment procedure - Broad-based panel - Impartiality and independence - Counterbalancing of power - Scope of appointment procedure in government contracts - Principles laid down in Voestalpine case - Panel should include engineers from the private sector, legal professionals, and individuals from other fields - Need to create a healthy arbitration environment - Panel must be broa...
Arbitration - Barred by limitation - Distinction between claims being barred by limitation and the application for appointment of an arbitrator being barred by limitation. [Para 52]
Cause of action - Determination of when a cause of action accrues - Cause of action arises when there is a person who can sue and another who can be sued, and when all the material facts have happened that are neces...