Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

"Arbitration Law" Digest

Arbitration Clause – Applicability of Arbitration Acts – Petitioners entered into a lease agreement with an arbitration clause referring disputes to the Managing Director of the Punjab State Cooperative Milk Producers Federation or his nominee under the 1961 Act – Dispute arose, and petitioners invoked jurisdiction under the 1996 Act – Held, Section 55 of the 1961 Act pe...

Arbitration – Non-Signatory Bound by Arbitration Clause – Appellant, a purchaser of property from vendors bound by an arbitration agreement, contended that it was not bound by the arbitration clause as it was not a signatory. The court held that a non-signatory, claiming through or under a party to the arbitration agreement, is bound by the arbitration clause. The court applied the pri...

Arbitration and Conciliation Act, 1996 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 19 - Interpretation - Held, Section 19 of the MSME Act does not apply to an arbitral award unless the procedure under Section 18 of the Act is followed. The section must be read as it is without importing or deleting any words. Application requiring deposit of 75% of the awarded amount for ...

Arbitration and Conciliation Act, 1996 - Limitation for Filing Objections - Interpretation of Section 31(5) and Section 3 - Held, limitation period for filing objections to an arbitral award begins from the date the award is received by the party at its place of business, not from the date it is put up before the competent authority within the organization.   Arbitral Award - Commenceme...

Arbitration Law - Delivery of Arbitral Award - Section 31(5) - Appellant's objections under Section 34 dismissed as time-barred - Objection based on non-receipt of the award due to incorrect address used by arbitrator - Court held that Section 31(5) mandates delivery of signed copy of the award to each party - Non-delivery constitutes non-compliance - Case remanded to District Court to decide ...

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 ...

Arbitration Law – Limitation Period – Condonation of Delay – State filed a petition under Section 34 of the Arbitration Act to set aside an arbitral award along with an application under Section 5 of the Limitation Act to condone a delay of 342 days – Held, Section 34(3) of the Arbitration Act prescribes a specific period of limitation which excludes the applicability of Se...

Arbitration – Challenge to Arbitral Awards – Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 against arbitral awards in favor of respondents concerning wage arrears claims – Presidential Directives and Settlement Memoranda considered – Tribunal's mandate to adjudicate the quantum of arrears payable from 01.01.1997 to 31.12.2007 upheld &nda...

Arbitration – Extension of Arbitrator’s Mandate – Application Filed Post-Termination – Consideration of Section 29-A of the Arbitration and Conciliation Act, 1996 – Court holds that it retains the power to extend the mandate even if the application is filed after the statutory timeline for expiry of the mandate – Rohan Builders (India) Pvt. Ltd. Vs. Berger Paint...

Arbitration – Challenge to Award – Interest on Claims – VAT Claims – Challenge under Section 34 of the Arbitration and Conciliation Act against an award allowing claims for unsupplied items and VAT components – Held that the arbitrator acted beyond jurisdiction by granting claims contrary to contractual terms – Clause 15.4 of the tender document precluded any in...