Court : Supreme Court of India
Decided on : Jul-05-2019
..... the validation arose in the context of the high court of rajasthan quashing its notifications pertaining to fixing of minimum rates of wages. the said amendment act is merely to validate fixation and has no applicability to the dispute having raised by the respondents in the proceedings initiated under the minimum wages ..... the establishment but such facts were neither pleaded nor established by the respondents either before the prescribed authority or before the high court in writ petition/letters patent appeal and has not adverted to any finding that the respondents were performing same or similar nature of work as that of the regular employees of the ..... was indeed a subject matter of adjudication in a reference made by the appropriate government under its notification dated 27th january, 2003 14 followed with 22nd february, 2005 but so far as their minimum wages payable to the employees are concerned, it was an independent issue having no relationship to the terms of reference pending .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2019
..... to section 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 not amount ..... , 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.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, that the ..... at panipat (haryana). o.m.p. (comm) 322/2017 page 1 2. the respondent had invited bids for the above project by a letter inviting bid on 30.09.2005. clause 2 of the letter described the scope of work as under: 2. brief scope of work the scope of work shall include installation of cryogenic oxygen and nitrogen (n2o2 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2019
..... 40. in ssangyong engineering & construction co.ltd. v. national highways authority of india (nhai), 2019 scc online sc677 the supreme court, considering the amendments made in section 34 of the act by the arbitration and conciliation (amendment) act, 2015, has held as under: omp(comm.) no.104/2018 & 117/2018 page 21 41. the change made in section 28(3) by ..... the supreme court again emphasized that:-"omp(comm.) no.104/2018 & 117/2018 page 18 42.3. (c) equally, the third subhead of patent illegality is really a contravention of section 28(3) of the arbitration act, which reads as under: 28. rules applicable to substance of dispute. (1)-(2) (3) in all cases, the arbitral tribunal shall decide ..... have wandered outside the contract and dealt with matters not allotted to him, this would be a jurisdictional error which could be corrected on the ground of patent illegality , which, as we have seen, would not apply to international commercial arbitrations that are decided under part ii of the 1996 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2019
..... 40. in ssangyong engineering & construction co.ltd. v. national highways authority of india (nhai), 2019 scc online sc677 the supreme court, considering the amendments made in section 34 of the act by the arbitration and conciliation (amendment) act, 2015, has held as under: omp(comm.) no.104/2018 & 117/2018 page 21 41. the change made in section 28(3) by ..... the supreme court again emphasized that:-"omp(comm.) no.104/2018 & 117/2018 page 18 42.3. (c) equally, the third subhead of patent illegality is really a contravention of section 28(3) of the arbitration act, which reads as under: 28. rules applicable to substance of dispute. (1)-(2) (3) in all cases, the arbitral tribunal shall decide ..... have wandered outside the contract and dealt with matters not allotted to him, this would be a jurisdictional error which could be corrected on the ground of patent illegality , which, as we have seen, would not apply to international commercial arbitrations that are decided under part ii of the 1996 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2019
..... i would have thought that the law-makers do desire application of the question of even proportionality of punishment/penalty. i have said so because the industrial disputes act, 1947 was amended to insert section 11-a in it to confer this power even on a labour court/industrial tribunal. it may be that this power was conferred on these ..... as under: 33. ordinarily suitability is to be judged by the executive council and not by this court. but what are we to do when the executive council acts in a patently unfair manner, as it has done in this case?. this court is a court of justice. no doubt it has to do justice based on law, but the ..... considered an appropriate substitute for special education teachers possessing the w.p.(c) 1200/2016 page 22 of 26 requisite qualifications. once we find that the respondents are acting in a patently arbitrary, stubborn and mindless manner, and now that all the relevant material in the present case has been placed before us, we will be failing in our duty .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2019
..... with.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 not amount ..... in 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), in associate builders (supra), and paragraphs 28 and 29 in particular, is now understood as o.m.p. (comm) 229/2019 page ..... approach, the court's intervention would be on the merits of the 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 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2019
..... is dead and appeal has abated. in order to avoid procedural justice scoring a march over substantial justice rule 10-a was introduced by the code of civil procedure (amendment) act of 1976 which came into force on february 1, 1977. unfortunately, the learned judge took no notice of the wholesome provision and fell back on the earlier legal learned ..... deceased respondent when the present respondent moved an application for substitution. rule 10-a which has been added in order xxii of the code of civil procedure by the amending act of 1976 provides that when a pleader appearing for a party to the suit comes to know of the death of the party, he shall inform the court about ..... cast a burden on the counsel for the deceased party to inform the court of the fact of the death. the provision was introduced by the code of civil procedure (amendment) act, 1976, and was explained by the supreme court in gangadhar and anr vs. raj kumar (1984) 1 scc121 in the following terms: 3. now the fact remains that .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2019
..... the owner of a work and provides for remedies in case the copyright is infringed. the relevant portion of statement of objects and reasons of the copyright (amendment) act, 1994, is reproduced hereinbelow:-"cs (comm) 753/2017 page 21 of 46 effective copyright protection promotes and rewards human creativity and is, in modern society, an ..... to the terms film and copy .41. learned senior counsel for the plaintiff stated that under the copyright, designs and patents act, 1988 (uk) [for short uk act, 1988 ]. the definition of film was once again amended and was defined as the visual recording itself. he submitted that the possibility of protection of the audio-visual work ( ..... the definition of the term producer has been provided under section 2 (uu) of the copyright act, 1957. the committee feels that this definition of producer ought to have been modified in the context of the proposed amendment. it was also pointed out that the term principal director was not defined under the berne convention .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2019
..... 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 not amount ..... 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, that ..... morality as understood in paragraphs 36 to 39 of associate builders 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. (supra). explanation 2 .....
Tag this Judgment!Court : Delhi
Decided on : May-24-2019
..... ). explanation 2 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 not amount ..... and bridges on nh-87 in uttar pradesh (package-ii).2. the contract price was of rs. 221,42,18,567/-. the date of commencement of work was 31.03.2005 and the date for scheduled completion of work was 30.09.2007. o.m.p. (comm) 41/2019 page 1 3. admittedly, the work with respect to widening ..... (hereinafter referred to as the act ) has been filed challenging the arbitral award dated 20.09.2018 passed by the arbitral tribunal adjudicating the disputes that have arisen between the parties in relation to the agreement dated 04.02.2005, executed between the parties for the project for widening and strengthening of national highway no.24 from km 93. .....
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