Court : Supreme Court of India
..... i.e. if the award is against the public policy of india. as per the legal position clarified through decisions of this court prior to the amendments to the 1996 act in 2015, a violation of indian public policy, in turn, includes a violation of the fundamental policy of indian law, a violation of the interest ..... [associated provincial picture houses ltd. v. wednesbury corpn., [1948]. 1 . . 223 (ca)]. reasonableness. furthermore, "patent illegality" itself has been held to mean contravention of the substantive law of india, contravention of the 1996 act, and 11 contravention of the terms of the contract." conclusion:20. in view of the above position in law on the ..... of india, conflict with justice or morality, and the existence of patent illegality in the arbitral award. additionally, the concept of the "fundamental policy of indian law .....
Tag this Judgment!Court : Supreme Court of India
..... be worthwhile to note that section 15 of the pocso had undergone a significant change by virtue of the protection of children from sexual offences (amendment) act, 2019 (for short, the 2019 amendment act ), whereby several key changes were introduced. we shall discuss the said provision viz- -viz the unamended provision of section 15 along with the object ..... (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the commissions for protection of child rights act, 2005 (4 of 2006).248. we are of the considered view that the obligation of the appropriate government and the commission under section(s) 43 and 44 of ..... commission, referred to in sub-section (1), shall, while inquiring into any matter relating to any offence under this act, have the same powers as are vested in it under the commissions for protection of child rights act, 2005 (4 of 2006). (3) the national commission or, as the case may be, the state commission, referred to .....
Tag this Judgment!Court : Supreme Court of India
..... , for 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.40. the change made in section 28(3) by the amendment act really follows what is stated in paras 42.3 to 45 in associate builders, namely, that the construction ..... made in india are concerned, an additional ground is now available under sub-section (2-a), added by the amendment act, 2015 to section 34. here, there civil appeal @ slp (c) nos.21017-21018 of 2021 page 46 of 150 must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of ..... @ slp (c) nos.21017-21018 of 2021 page 56 of 15062. in ssangyong (supra) this court specifically dealt with the 2015 amendment which inserted sub-section (2- a) in section 34 of the 1996 act. it was held that patent illegality appearing on the face of the award refers to such illegality as goes to the root of matter, but which does .....
Tag this Judgment!Court : Supreme Court of India
..... the salaries and other service benefits. 4 wp(c) nos. 13044-55/2006 4 9. the said writ petitions were later amended and the order of the ndmc dated 14th february, 2006 was also assailed by the teaching as well as non-teaching staff ..... the then serving teachers/staff and the retired teachers of the school before the division bench of the high court by filing two letters patent appeals5, which were allowed vide order dated 9th december 2009, with the following directions:5. lpa no.441 of 2009 in ms. ..... the said proposal by filing writ petitions3 in the high court of delhi. an ex-parte stay order dated 30th may, 2005 was passed by the learned single judge of high court of delhi, staying the proposed shifting of the school. however, in ..... consequent to the demolition of the school building, the ndmc stopped the grant-in- aid under rule 69 of the delhi education act and rules, 1973 (hereinafter after being referred to as delhi education rules ) on the reasoning that it was under an obligation .....
Tag this Judgment!Court : Supreme Court of India
..... its extraordinary powers under article 142 to implement a uniform enrolment fee structure that adequately caters to the financial requirements of the sbcs until legislative amendments are made to the advocates act. additionally, it has urged this court to direct the union government to revise the enrolment fee prescribed in section 24(1)(f).12. the ..... patent also allowed the high courts to enroll advocates, vakils, and attorneys. the legal practitioners act 1879 empowered the high courts not established by royal charters to make rules for the qualifications and admission of persons ..... cannot be a pre-requisite for enrolment. d. legal background i. all india bar committee 14. the establishment of the high courts by letters patent in the presidencies of calcutta, bombay, and madras brought all courts in the territories of british india under a unified system. the letters .....
Tag this Judgment!Court : Supreme Court of India
..... caste throughout the state of bihar under the above notification mentioned at serial no.18.16. the scheduled castes and scheduled tribes orders (amendment) act, 1956, which was enacted by the parliament being act no.63 of 1956, with respect to the state of bihar and the entry of the caste with which these appeals relate to, ..... on the principles of equity and good conscience.36. having considered the submissions advanced, we have no hesitation in holding that the resolution dated 01.07.2015 was patently illegal, erroneous as the state government had no competence/ authority/power to tinker with the lists of scheduled castes published under article 341 of the constitution. the ..... the division bench of the patna high court whereby civil appeal no.18802 of2017page 1 of 25 a group of four (4) writ petitions and one letters patent appeal were decided by a common judgment dismissing all the five cases. the challenge in the writ petitions and the appeal before the division bench of the high .....
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..... i.e. if the award is against the public policy of india. as per the legal position clarified through decisions of this court prior to the amendments to the 1996 act in 2015, a violation of indian public policy, in turn, includes a violation of the fundamental policy of indian law, a violation of the interest ..... across the bar, the findings recorded by the arbitral tribunal and the issue of illegality or perversity of the award. detailed reasons while dealing with the alleged patent illegalities associated with the directions issued under the arbitral award have been recorded. considering the nature of the findings recorded by the learned single judge, the ..... the building. the learned single judge also held that awarding payment of interest on interest free deposit was contrary to the terms of the contract, which shows patent illegality. however, the learned single judge rejected the allegation of bias made by the appellant against the learned arbitrator.13. we have referred to only material .....
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..... not be deprived without due process of law and upon just and fair compensation. 18 the right to property ceased to be a fundamental right by the constitution (forty-fourth amendment) act, 1978, however, it continued to be a human right in a welfare state, and a constitutional right under article 300-a of the constitution. article 300-a provides ..... and is hereby allowed. the impugned order passed by the high court is set aside and the matter is remitted to the high court for fresh consideration. letters patent appeal no 997 of 2019 is restored to its original file. the high court shall hear both the sides and pass an appropriate order in accordance with what has ..... that article. [see: k.t. plantation (p) ltd. v. state of karnataka, (2011) 9 scc1 19 in hindustan petroleum corpn. ltd. v. darius shapur chenai reported in (2005) 7 scc627 this court held that:6. ca63512024 6. having regard to the provisions contained in article 300- a of the constitution, the state in exercise of its power of .....
Tag this Judgment!Court : Supreme Court of India
..... i.e. if the award is against the public policy of india. as per the legal position clarified through decisions of this court prior to the amendments to the 1996 act in 2015, a violation of indian public policy, in turn, includes a violation of the fundamental policy of indian law, a violation of the ..... interfering with the arbitral award. in the aforesaid decision, this court considered different heads of public policy in india which, inter alia, includes patent illegality. after referring section 28(3) of the arbitration act and after considering the decisions of this court in mcdermott international inc. v. burn standard co. ltd. [mcdermott international inc. v. ..... kb223(ca)]. reasonableness. 4 (2019) 4 scc163civil appeal no.4702 of 2023 etc. page 9 of 15 furthermore, patent illegality itself has been held to mean contravention of the substantive law of india, contravention of the 1996 act, and contravention of the terms of the contract. (emphasis added) 9. this court, in the case of uhl .....
Tag this Judgment!Court : Supreme Court of India
..... bench of this court endorsed the position in associate builders (supra), on the scope for interference with domestic awards, even after the 2015 amendment: 40. the change made in section 28(3) by the amendment act really follows what is stated in paras 42.3 to 45 in associate builders, namely, that the construction of the terms of a ..... 16 i. curative jurisdiction may be invoked if there is a miscarriage of justice. .. 16 ii. scope of interference of courts with arbitral awards .................................. 19 iii. the award was patently illegal .................................................................. 24 i. interpretation of the termination clause by the tribunal was unreasonable ................................................................................................. 26 ii. the award overlooked vital evidence and matters on the record ........... 29 h. conclusion .....
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