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The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
In the facts of this case, there is no reference to the Circular whereby the arbitration clause has been incorporated in the contract between the parties. It is true that the policy decision in terms of the Circular is to make arbitration a mechanism for dispute resolution both in cases of existing and future contracts.
Supreme Court: In a case concerning illegal coal mining in the State of Meghalaya, the Vacation Bench comprising Surya Kant and J.B.
“While exercising powers of judicial review, the Court is not concerned with the ultimate decision but the decision-making process.”
Supreme Court of New Zealand: The Full Bench comprising of Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ., unanimously rejected