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cites
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The National Highways Act, 1956
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 34 in The Arbitration Act, 1940 [Entire Act]
Section 3G in The National Highways Act, 1956 [Entire Act]
Section 3A in The National Highways Act, 1956 [Entire Act]
Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
What is public policy of India has been explained in Ssangyong
Engineer and Construction Company Ltd. v. NHAI reported in (2019) 15 SCC
Psa Sical Terminals Pvt. Ltd. vs The Board Of Trustees Of V.O. ... on 28 July, 2021
In PSA Sical Terminals Private Ltd. v. V.O.Chidambaram Port
Trust reported in (2023) 15 SCC 781, the Hon'ble Supreme Court has held,
“The scope of interference would be limited to
grounds provided under Section 34 of the Arbitration Act.
The interference would be so warranted when the award is
in violation of “public policy of India”, which has been
held to mean “the fundamental policy of Indian law”. A
judicial intervention on account of interfering on the
merits of the award would not be permissible. However,
the principles of natural justice as contained in Sections
18 and 34(2)(a)(iii) of the Arbitration Act would continue
to be the grounds of challenge of an award. The ground
for interference on the basis that the award is in conflict
with justice or morality is now to be understood as a
conflict with the “most basic notions of morality or
justice”. It is only such arbitral awards that shock the
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Page Nos.16/29
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 08:17:26 pm )
C.M.A.Nos.2139 of 2021 & 2349 of 2024
conscience of the court, that can be set aside on the said
ground. An award would be set aside on the ground of
patent illegality appearing on the face of the award and as
such, which goes to the roots of the matter.”
Malak Singh Etc vs State Of Punjab & Haryana & Ors on 5 December, 1980
30. Regarding deduction of development charges, the Hon'ble
Supreme Court in Mala Etc vs. State of Punjab and others reported in 2023
LiveLaw (SC) 663, held as follows: