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1 - 10 of 20 (0.64 seconds)State Of Rahjasthan vs Puti Construction Co. Ltd on 16 September, 1994
In State of Rajasthan v. Puri Construction Co. Ltd., (1994) 6
SCC 485, the Supreme Court, inter alia, observed:
Seth Mohanlal Hiralal vs State Of M.P. on 19 August, 2003
In Seth Mohanlal Hiralal v. State of M.P., (2003) 12 SCC
144, a case under the Arbitration Ac, 1940, the Supreme Court referred
to the view in K.P. Poulose v. State of Kerala, (1975) 2 SCC 236,
wherein it had been held that misconduct under section 30(a) has no
connotation of moral lapse. It comprises legal misconduct which is
O.M.P. Nos. 245/2005, 351/2009, 400/2009, 428/2009 & 429/2009 Page 36 of 54
complete if the arbitrator, on the face of the award, arrives at an
inconsistent conclusion even on his own finding or arrives at a decision
by ignoring the very material documents which throw abundant light
on the controversy to help a just and fair decision.
K. P. Poulose vs State Of Kerala & Anr on 21 April, 1975
In Seth Mohanlal Hiralal v. State of M.P., (2003) 12 SCC
144, a case under the Arbitration Ac, 1940, the Supreme Court referred
to the view in K.P. Poulose v. State of Kerala, (1975) 2 SCC 236,
wherein it had been held that misconduct under section 30(a) has no
connotation of moral lapse. It comprises legal misconduct which is
O.M.P. Nos. 245/2005, 351/2009, 400/2009, 428/2009 & 429/2009 Page 36 of 54
complete if the arbitrator, on the face of the award, arrives at an
inconsistent conclusion even on his own finding or arrives at a decision
by ignoring the very material documents which throw abundant light
on the controversy to help a just and fair decision.
M.D., Army Welfare Housing ... vs Sumangal Services Pvt. Ltd on 8 October, 2003
In MD, Army Welfare Housing Organisation v. Sumangal
Services (P) Ltd., (2004) 9 SCC 619, the Supreme Court held that the
Court cannot sit in appeal over the award of the arbitrator, but can
certainly interfere when the award suffers from non-application of mind
or when a relevant fact is ignored or an irrelevant fact not germane for
deciding the dispute is taken into consideration.
M/S. Arosan Enterprises Ltd vs Union Of India & Anr on 16 September, 1999
In Arosan Enterprises Ltd. v. Union of India, (1999) 9 SCC
449, wherein it has been held that where the error of finding of fact,
having a bearing on the award is patent and is easily demonstrable
without the necessity of carefully weighing the various possible
viewpoints, the interference with award based on erroneous finding of
fact is permissible. Similarly, if an award is based by applying a
principle of law, which is patently erroneous, and but for such
erroneous application of legal principle, the award could not have been
made, such an award is liable to be set aside by holding that there has
been legal misconduct on the part of the arbitrator.
Bhagwan Kaur vs Maharaj Krishan Sharma & Ors on 25 October, 1972
(i) Smt. Bhagwan Kaur Vs. Shri Maharaj Krishan Sharma and
Others, 1973 SCC (Cri) 687, wherein it has been held:
Sri Sri Sri Kishore Chandra Singh Deo vs Babu Ganesh Prasad Bhagat And Others on 9 March, 1954
In Sri Sri Sri Kishore
Chandra Singh Deo v. Babu Ganesh Prasad Bhagat and
Others, 1954 SCR 919, this Court observed that
conclusions based upon mere comparison of handwriting
must at best be indecisive and yield to the positive
evidence in the case."
State Of Maharashtra Etc. Etc vs Sukhdeo Singh And Anr. Etc. Etc on 15 July, 1992
"But the court cannot afford to overlook the fact that the
science of identification of handwriting is an imperfect and
frail one as compared to the science of identification of
finger-prints; courts have, therefore, been wary in placing
implicit reliance on such opinion evidence and have looked
for corroboration but that is not to say that it is a rule of
prudence of general application regardless of the
circumstances of the case and the quality of expert
evidence. No hard and fast rule can be laid down in this
behalf but the Court has to decide in each case on its own
merits what weight it should attach to the opinion of the
expert."