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The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.
Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
by Prerana Priyanshu* and Asad Hussain**
Interviewed by K V Vinaya
by Vasanth Rajasekaran* and Harshvardhan Korada**
“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”
The GNLU International Conference on Business, Law & Public Policy (GICBLP), in collaboration with Shardul Amarchand Mangaldas
[Submissions for papers are invited for NLIU-CPS Journal for Legislative Drafting and Parliamentary Research (JLDPR) (Volume III). The last date of submission is December 10, 2024]
School of Law, CHRIST (Deemed to be University) Bangalore is hosting the first edition of the National Blog Writing Competition on ADR
The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.
by Karan Ajitsaria† and Nitesh Sharma††
Arbitral proceedings are not cricket matches, where hitting beyond the boundary is usually rewarded
“When no opportunity is given to deal with an argument which goes to the root of the case based on evidence which go behind the back of the party and results in a denial of justice to the prejudice of the party, the same would amount to violation of principle of natural justice.”
The 1st edition of the National Policy Drafting Competition named Shastrarth is being organized by Public Policy and Governance Committee and Law
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
The Air and Space Law Committee, School of Law, CHRIST (Deemed to be University), Bengaluru, is organising the 1st National Essay Writing
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”
A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.
India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.