judicial interference Archives

Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC

“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”

Case Briefs High Courts

S 34 (4) cannot save or aid an arbitral award suffering from illegalities stipulated under S. 34(2) Arbitration Act: Delhi High Court

Section 34 of the Arbitration Act is a clear and unequivocal embodiment of the Legislature‘s intent to balance the competing facets of arbitration, I.e., on one hand, while courts are enjoined to follow the minimalist intervention route, it would clearly be a travesty of justice if they were to fail to intervene where circumstances warrant, and demand corrective measures being adopted.

Case Briefs High Courts

Merely showing existence of another reasonable interpretation not sufficient to allow for interference; Punjab and Haryana HC refuses to interfere with arbitration award

Punjab and Haryana High Court: While dismissing the appeal preferred by the appellant challenging the order dated 12-12-2018 passed by the Additional

Case Briefs Supreme Court

Mere differential treatment cannot on its own be termed as an “anathema to Article 14 of the Constitution”: SC

Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has held that when there is a reasonable basis for

Case Briefs Supreme Court

Interference with Government Tenders makes the State and its citizens suffer twice. Courts should refrain from staying Government tenders even in case of total arbitrariness: SC

Supreme Court: Explaining the scope of interference in matters relating to Government contracts and tenders, the bench of Hemant Gupta* and V.

Case Briefs Supreme Court

Bullet Train Project: Even Republic of India can’t deviate from terms and conditions of a fully foreign funded contract; SC sets aside Delhi High Court verdict

Japan International Cooperation Agency (JICA) has invested Rs.1 lakh crores in the Bullet Train Project.

Case Briefs Supreme Court

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

Case Briefs Supreme Court

Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Op Eds OP. ED.

Stage of consideration of objections under Section 16 of the Arbitration and Conciliation Act, 1996

by Shaurya Sahay†

Case Briefs Supreme Court

SC finds investigation in Ram Nath Chaubey murder case involving BJP MLA Sushil Singh a sham “designed to conceal more than to investigate”. SIT to takeover

“To say that further investigation was not possible as the informant had not supplied adequate materials to investigate, to our mind, is a preposterous statement, coming from the police.”

Case Briefs Supreme Court

RPSC 2nd Grade Teachers’ recruitment| SC saves appointees by not setting aside Rajasthan High Court’s ‘erroneous’ decision on correctness of answer key

“It was not open to the Division Bench to have examined the correctness of the questions and the answer key to come to a conclusion different from that of the Expert Committee.”

Case Briefs Supreme Court

Candidate suppresses his over-qualification during recruitment process. Can he later contend that over-qualification can’t be a disqualification? Here’s what SC says

Employers prescribe qualifications to any post, not Courts.

Case Briefs Supreme Court

Police constable acquitted in a murder case but dismissed from service after a related disciplinary enquiry. Read why SC upheld the dismissal

Involvement of a member of the police service in a heinous crime, if established, has a direct bearing on the confidence of society in the police.

Case Briefs Supreme Court

Courts can’t do interpretive rewriting of the advertisement thereby changing the conditions of eligibility

Supreme Court: Stating that the essential qualifications for appointment to a post are for the employer to decide, the bench of Arun

Case Briefs Supreme Court

No interference required in M Nageshwar Rao’s appointment as interim CBI Director: SC [Full Report]

Supreme Court: The bench of Arun Mishra and Vineet Saran, JJ disposed of a plea challenging the appointment of M. Nageshwar Rao

Case Briefs Tribunals/Commissions/Regulatory Bodies

Fair, objective and performance based evaluation of course reports by selection board cannot be judicially interfered with: AFT

Armed Forces Tribunal, New Delhi: A Bench comprising of Virendra Singh (Chairperson) and Lt. Gen. Sanjiv Chachra (Member) dismissed the original application

Hot Off The Press News

Karnataka Elections: KG Bopaiah to continue to be pro-tem speaker; SC orders Live broadcast of Floor Test

Supreme Court: Refusing to interfere with the appointment of KG Bopaiah as the pro-tem speaker, the 3-judge bench of Dr. AK Sikri, SA