Procedural Irregularities Archives

set aside arbitral award findings not alive and final

Findings of already set-aside arbitral award cannot be treated as “alive and final”; Kerala HC quashes subsequent award

“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”

RTE cannot be denied on technical grounds

Case Briefs High Courts

Technicalities Cannot Defeat a Child’s Fundamental Right to Education: Rajasthan High Court

“A fundamental right, especially when it unequivocally accrues in favour of a citizen, cannot be tossed even on the basis of the procedural grounds or technicalities.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT rejects Vedanta Ltd.’s demerger plan over non-disclosure of SEPCO’s debt and procedural irregularities

“The present one is a case where material facts have not been disclosed by the Applicant Company, violating Section 230 (2)(a) of the Companies Act, 2013, which in our considered opinion is bound to prejudice the public interest at large.”

Case Briefs High Courts

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.