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...
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...
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 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...
Arbitration Proceedings - Non-filing of Written Statement of Defence - Dismissal of Application under Section 151 CPC for Placing Documents on Record - High Court dismisses application under Section 151 CPC for placing documents on record, as the appellant failed to file a written statement of defence before the Arbitrator during arbitration proceedings. No cogent reason provided for the belated s...
Arbitration Award Challenge – Appellants did not file written statement of defence or lead evidence in arbitration proceedings initiated by respondent-HAFED for recovery of Rs. 26.01 lakhs – Arbitration award passed in favour of respondent, accepting the claim in toto – Appellant’s challenge to award under Section 34 of the Arbitration and Conciliation Act, 1996 dismissed b...
Commercial Appeal – Application for condonation of delay – Delay of 25 days in filing the appeal – Appellant, the defendant in a commercial suit, sought to condone the delay – Appellant’s explanation for the delay initially found unsatisfactory – Additional affidavit presented with evidence of a nine-month-old baby’s illness and other personal setbacks &nd...
Arbitration Agreement - Referral to Arbitration - Interpretation of Section 8 of the Arbitration and Conciliation Act, 1996 - Petitioner sought reference to arbitration pursuant to an arbitration clause in the agreement governing their relationship - Trial Court rejected the application, citing failure to produce original or duly certified copy of the agreement - Petitioner contended that a duly c...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
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 ...