Legislative Flaws in Arbitration Law
by Justice Basu Deo Agarwal*
Constitution of India
2024 SCC Vol. 7 Part 1
Arbitration and Conciliation Act, 1996 — S. 32(2)(c) and S. 25(c) — Power of Arbitral Tribunal under S. 32(c)
2024 SCC Vol. 6 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
Cases Reported in HCC
(2023) 1 HCC (All) GST — Search and Seizure — Determination of Tax — Challenge against the order wherein tax of Rs
Bending the Law Behind Bars — Legal Conundrum of Jailed-Candidates Contesting Elections in India
by Aditya Bharat Manubarwala* and Romit Nandan Sahai**
2024 SCC Vol. 6 Part 2
Arbitration — Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Arbitral award — Validity of: Law explained on validity
Inside Supreme Court verdict on legality of State Governments levying and collecting Authorization Fee/Border Tax
Supreme Court said the petitioners must consider challenging the State provision in the Act and that they should have first approached their jurisdictional High Courts to challenge their respective State enactments.
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
2024 SCC Vol. 5 Part 5
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by
‘Establishment, extension of jurisdiction, superintendence of DSPE vests with GOI’; West Bengal’s suit alleging misuse of CBI by Union maintainable: Supreme Court
The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
2024 SCC Vol. 5 Part 4
Constitution of India — Arts. 32, 21, 14 and 226 — Writ petition by the victim challenging grant of remission or premature
2024 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 11(6) and S. 43 — Time-barred claims — Non-reference of, to arbitration — Art. 137
2024 SCC Vol. 5 Part 2
Arbitration and Conciliation Act, 1996 — S. 11(6) — Issue of limitation — Adjudication of, as an admissibility issue at the stage
2024 SCC Vol. 5 Part 1
Constitution of India — Pt. III, Preamble, Arts. 19(1)(a), (b) & (c) and Arts. 21 & 25 — Representative democracy — Transparency
‘Merely writing one line on ‘non-practicality of holding inquiry’ not enough’; P&H HC sets aside SSP’s order dismissing probationer SI accused of taking illegal gratification
The Court directed that the SSP should be free either to conduct departmental inquiry after following due procedure prescribed by Punjab Police Rules, 1934 or take appropriate decision after conclusion of criminal proceedings.
2024 SCC Vol. 4 Part 1
Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 45 r/w Ss. 2(1)(h) and 7 — Group of Companies doctrine: Scope
2024 SCC Vol. 3 Part 5
Civil Procedure Code, 1908 — Or. 6 R. 17 — Amendment of plaint: Principles summarized re when amendment of plaint is permissible.
2024 SCC Vol. 3 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 5: Principles summarised re scope of interference by Court under S. 34. Supervisory,
Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional
Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.