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1 - 6 of 6 (0.75 seconds)State Of Karnataka Etc vs Shri Rameshwara Rice Mills ... on 24 February, 1987
In State of
Karnataka vs. Shree Rameshwara Rice Mills (1987 (2) SCC 160) this
Court held that adjudication upon the issue relating to a breach of condition
of contract and adjudication of assessing damages arising out of the breach
are two different and distinct concepts and the right to assess damages
arising out of a breach would not include a right to adjudicate upon as to
whether there was any breach at all. This Court held that one of the parties
to an agreement cannot reserve to himself the power to adjudicate whether
the other party has committed breach. This court held :
Bharat Sanchar Nigam Ltd.& Anr vs Motorola India Pvt.Ltd on 15 September, 2008
16. The question whether the issue of breach and liability are excluded
from arbitration, when quantification of liquidated damages are excluded
from arbitration was considered by this Court in Bharat Sanchar Nigam
Ltd. vs. Motorola India Ltd. (2009 (2) SCC 337). This court held :
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
Interpreting the said provisions, this court
in Oil & Natural Gas Corporation Ltd. vs. Saw Pipes Ltd. [2003 (5) SCC
705] held that a court can set aside an award under section 34(2)(b)(ii) of
the Act, as being in conflict with the public policy of India, if it is (a)
contrary to the fundamental policy of Indian Law; or (b) contrary to the
interests of India; or (c) contrary to justice or morality; or (d) patently
illegal. This Court explained that to hold an award to be opposed to public
policy, the patent illegality should go to the very root of the matter and not
a trivial illegality. It is also observed that an award could be set aside if it is
so unfair and unreasonable that it shocks the conscience of the court, as
then it would be opposed to public policy.
Section 28 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
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