Court : Delhi
..... respondent against the goods supplied to them; and conveyance of personal guarantee by mr. ashok sharma, a director of the respondent company, which amounted to written amendments to the said agreement. learned counsel also submits that the email dated 18.12.2009 sent by svs private limited to the respondent informing it of hiving of ..... it has been held as under: 41. it is apparent, therefore, that, while interference by court, with arbitral awards, limited and circumscribed, an award which is patently illegal, on account of it being injudicious, contrary to the law is fao(os) (comm) 293/2018 page 11 of 12 settled by the supreme court, or vitiated ..... agreement stood expired by efflux of time. further, the respondent herein, even during the course of the arbitral proceedings, moved an application under section 16 of the act for dismissal of the arbitration proceedings.11. the appellant raised a claim of rs.16,29,05,341/- before the arbitral tribunal, which comprised of the following claims .....
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..... 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does ..... if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act, that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, ..... engineering & construction co. ltd. (supra) the supreme court has re-examined the scope of the power of the court especially in light of the arbitration and conciliation (amendment) act, 2015 and held as under: to law would be relegated 35. what is clear, therefore, is that the expression public policy of india , whether contained in section 34 .....
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..... 10 of 14 constitution and considering large number of judicial precedents, recorded the following conclusions: (scc pp. 694-96, para38) (1) amendment by act 46 of 1999 with effect from 1-7-2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high court under articles ..... process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent. (7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience ..... law, and (ii) a grave injustice or gross failure of justice has occasioned thereby. wpc27922007 page 11 of 14 thereagainst and entertaining a petition (6) a patent error is an error which is self-evident i.e. which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn .....
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..... in evidence in any court or tribunal without express directions of the court or tribunal. he stated, however, that this provision stood deleted by the trade marks amendment act, 2010. he submitted that the effect of such deletion is that a non-recordal of assignment by the assignee makes the assignment ineffective only against third parties and ..... of having done any work is even mentioned. this also would show the untenable nature of the arrangement so far as the company was concerned. this agreement is patently against the interest and benefit of the company.25. we would, therefore, hold that this agreement was vitiated and void and the official liquidator representing the company ..... . in support of his submission, he relied upon a judgment of the supreme court in state bank of saurashtra vs. ashit shipping services (p) ltd. & anr., (2002) 4 scc736 wherein it has been held as under:-" 13. further, this is a document given by the 2nd respondent to the 1st respondent. on this document, contrary .....
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..... is also not granted to the ipab in order to make its functioning efficient and smooth. the statement of objects and reasons when the trade marks act was amended, clearly records that the purpose of the ipab is for speedy disposal of appeals and rectification applications, which at that time was jurisdiction which was ..... one technical member, as per ld. counsel for the parties.6. the ipab is a specialized forum which was constituted under the trade marks act and the patents act in order to ensure expeditious disposals of intellectual property matters. the manner in which the ipab has been functioning during the last over 15 years shows ..... one technical member is available.4. the ipab established under section 83 of the trade marks act 1999 is the appellate board under section 116 of the patents act, 1970 (hereinafter, patents act ) for hearing appeals against orders passed by the patent office as also revocation petitions etc., the bench of the appellate board, for any particular matter .....
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..... awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with.38. insofar as domestic ..... that as fao (os) (comm) 296/2019 page 13 of 15 award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of associate .....
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..... english. the governing laws shall be laws of india. the arbitral award shall be enforced in accordance with the provisions of the arbitration and conciliation act, 1996 or any of its amendments thereof." lpa3412019 page 2 of 5 5. the specification and characteristics of the contracted commodity were annexed as annexure-i of the contract (which ..... agreement. hence, such a dispute will be governed under the agreement with a remedy available under clause 20 thereof. hence, we see no reason to entertain this letters patent appeal and the same is hereby dismissed. cm appl. no.23391/2019 (stay) in view of the order passed in this appeal, this civil miscellaneous application is ..... & anr. coram: hon'ble the chief justice hon'ble mr. justice c.hari shankar order1710.2019 d.n. patel, chief justice (oral) lpa3412019 1. this letters patent appeal (lpa) has been preferred by the appellant (original petitioner), whose w.p. (c) no.3722/2019 has been dismissed by the learned single judge, vide judgment .....
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..... lall, senior advocate with and mr.rahul ........ petitioner ms.nancy roy vidhani, advocates mr.amarjit singh with ms.shubhi sharma, advocates for interveners. versus 1. the controller general of patents, designs & trade marks & anr through: mr.ravi ........ respondents prakash, cgsc with mr.farman ali, advocate coram: hon'ble mr. justice j.r. midha judgment (oral ..... the address for service in india as disclosed in the application, is situate. (4) subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. (5) in the case of a refusal ..... to the applicant.4. learned standing counsel fairly submits that the registrar of trade marks has to comply with section 18(5) of the trade marks act, 1999. learned counsel however submits that rule 36 of trade marks rules provides that the registrar shall communicate the decision in writing to the applicant and .....
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..... , it is difficult to accept that the impugned award suffers from patent illegality inasmuch as the tribunal has directed the performance of the development agreement. thus no interference in the impugned award is warranted even if the statutory amendments as introduced by arbitration and conciliation (amendment) act 2015 are ignored. 18. another submission made before us is that ..... reasons for the same. it is contended that the award is against public policy; and contrary to the contract and statutory provisions of law; perverse and patently illegal and thus, liable to be set aside.12. the learned counsel for the respondent submits that the respondent is ready and willing to perform his part ..... arbitral award is concerned, the learned single judge has rightly held that an award under section 34(2a) of the act though provides for a provision to set aside the arbitral award in case of patent illegality, but the proviso to the same restricts scope of section 34(2a) as it provides that an award .....
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..... xliii of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or decree ..... the commercial division to be constituted in all high courts, which would follow fast track procedures similar to those recommended in the 176th report on arbitration and conciliation (amendment) bill, 2002 . these commercial divisions would also be equipped with high-tech video conferencing facilities along the lines used in commercial courts abroad. 1.4 the law commission carried ..... to impound any document or thing other than a passport. this is because impounding of a passport is provided for in section 10(3) of the passports act. the passports act is a special law while crpc is a general law. it is well settled that the special law prevails over the general law vide g.p. .....
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