Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Arbitration – Power to Modify Arbitral Award – Section 34 of Arbitration Act – Supreme Court held that Section 34 does not confer any power to modify an arbitral award – The provision only allows for setting aside the award on specific grounds, reflecting a deliberate legislative policy of minimal judicial intervention – Judgments modifying awards by courts under Arti...
Arbitration and Conciliation Act, 1996 - Section 34 - Setting aside of arbitral award - Patent illegality - Appeal against judgment and order passed by High Court setting aside arbitral award - Whether interference by High Court in findings and conclusions of arbitral award sustainable - Held, no - Mere errors on merits of the case do not amount to patent illegality - Narrow scope of patent illega...
Consumer Protection – Subsequent Purchaser – Relief of Interest on Refund – Supreme Court examined the entitlement of a subsequent purchaser of a flat to interest on the refund of the purchase amount due to delayed possession – Held that a subsequent purchaser, stepping into the shoes of the original allottee, is entitled to similar reliefs including interest, based on equi...
Service Law – Age Relaxation – Eligibility – Delhi Subordinate Services Selection Board (Appellant) contested the respondent’s entitlement to age relaxation for the post of PGT (English) Female – Respondent claimed relaxation based on her employment as a primary teacher in South Delhi Municipal Corporation – Supreme Court held that employees of autonomous bodies...
Governor’s Role in Legislative Process – Challenged inaction of Governor regarding assent to Bills passed by Punjab Vidhan Sabha – Governor’s withholding of assent without valid constitutional basis – Dispute over the constitutional role and limitations of the Governor in the legislative process of a state. [Paras 1, 4-8, 19-21, 25-27, 44-46]
Adjournment and Prorog...
Civil Appeal – Environmental Compliance and Prosecution – Appellant challenged National Green Tribunal's order allowing prosecution for non-compliance with environmental norms – Issues related to ex-post facto Consent to Establish (CTE) and environmental clearance (EC) – Supreme Court set aside part of NGT's judgment, confirming the rest, allowing the appeal in part...
Transfer Petition under Section 25 CPC - Petitioner seeks transfer of matrimonial case from Karnataka to Maharashtra.
Mutual Consent Divorce - Parties referred to Supreme Court Mediation Centre, leading to settlement agreement for mutual consent divorce under Article 142 of the Constitution and Section 13B(1) of the Hindu Marriage Act, 1955.
Settlement Agreement - Agreement detailing dissolu...
Transfer Petition in Matrimonial Dispute – Settlement and Mutual Divorce – Petition filed under Section 25 CPC for transfer of matrimonial case from Karnataka to Maharashtra. Parties arrive at a settlement during mediation, agreeing to dissolve their marriage via mutual consent under Article 142 of the Constitution. [Para 1-2]
Settlement Terms – Property and Financial Arrangem...
Civil Procedure – Rejection of Plaint – Order 7 Rule 11(d) – Supreme Court held that once a plaint is rejected under Order 7 Rule 11(d) CPC, there is no occasion to direct that an amendment be made to the plaint – The rejection of the plaint on the grounds that the suit is barred by any law precludes the plaintiff from rectifying the defects through amendment [Paras 1-14].
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