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1 - 10 of 14 (0.21 seconds)The Arbitration And Conciliation Act, 1996
The Interest Act, 1978
Bharat Lal Maurya vs M/S. Godrej & Boyce Mfg. Co. Ltd on 13 March, 2014
11. Further, in the judgment Bharat Lal Maurya Vs. Godrej &
Boyce Mfg. Co. Ltd. (supra), relied upon by Ld. Counsel for respondent
no. 1, it has been held as under :
Kanodia Infratech Limited vs Dalmia Cement (Bharat) Limited on 8 November, 2021
10. Further, it has been held in the judgment Kanodia Infratech
Limited Vs. Dalmia Cement (Bharat) Limited O.M.P. (COMM)
297/2021 & I.As.12902-12904/2021 decided on 08.11.2021, para 40 of
which is reproduced as under :
Union Of India vs A.L. Rallia Ram on 19 April, 1963
"9. The position in law has been noticed by this
Court in Union of India v. A.L. Rallia Ram [AIR
1963 SC 1685 : (1964) 3 SCR 164] and Madanlal
Roshanlal Mahajan v. Hukumchand Mills Ltd. [AIR
1967 SC 1030 : (1967) 1 SCR 105] to the effect that
the arbitrator's award both on facts and law is final;
that there is no appeal from his verdict; that the court
cannot review his award and correct any mistake in
his adjudication, unless the objection to the legality
of the award is apparent on the face of it. In
understanding what would be an error of law on the
face of the award, the following observations in
Champsey Bhara & Co. v. Jivraj Balloo Spg. and
Wvg. Co. Ltd. [(1922-23) 50 IA 324 : AIR 1923 PC
66] , a decision of the Privy Council, are relevant (IA
p. 331)
'An error in law on the face of the award
means, in Their Lordships' view, that you can
find in the award or a document actually
incorporated thereto, as for instance a note
appended by the arbitrator stating the reasons
for his judgment, some legal proposition which
is the basis of the award and which you can
then say is erroneous.'
Firm Madanlal Roshanlal Mahajan vs Hukumchand Mills Ltd., Indore on 19 August, 1966
"9. The position in law has been noticed by this
Court in Union of India v. A.L. Rallia Ram [AIR
1963 SC 1685 : (1964) 3 SCR 164] and Madanlal
Roshanlal Mahajan v. Hukumchand Mills Ltd. [AIR
1967 SC 1030 : (1967) 1 SCR 105] to the effect that
the arbitrator's award both on facts and law is final;
that there is no appeal from his verdict; that the court
cannot review his award and correct any mistake in
his adjudication, unless the objection to the legality
of the award is apparent on the face of it. In
understanding what would be an error of law on the
face of the award, the following observations in
Champsey Bhara & Co. v. Jivraj Balloo Spg. and
Wvg. Co. Ltd. [(1922-23) 50 IA 324 : AIR 1923 PC
66] , a decision of the Privy Council, are relevant (IA
p. 331)
'An error in law on the face of the award
means, in Their Lordships' view, that you can
find in the award or a document actually
incorporated thereto, as for instance a note
appended by the arbitrator stating the reasons
for his judgment, some legal proposition which
is the basis of the award and which you can
then say is erroneous.'
Champsey Bhara And Company vs The Jivraj Balloo Spinning And C. Co. ... on 6 March, 1923
"9. The position in law has been noticed by this
Court in Union of India v. A.L. Rallia Ram [AIR
1963 SC 1685 : (1964) 3 SCR 164] and Madanlal
Roshanlal Mahajan v. Hukumchand Mills Ltd. [AIR
1967 SC 1030 : (1967) 1 SCR 105] to the effect that
the arbitrator's award both on facts and law is final;
that there is no appeal from his verdict; that the court
cannot review his award and correct any mistake in
his adjudication, unless the objection to the legality
of the award is apparent on the face of it. In
understanding what would be an error of law on the
face of the award, the following observations in
Champsey Bhara & Co. v. Jivraj Balloo Spg. and
Wvg. Co. Ltd. [(1922-23) 50 IA 324 : AIR 1923 PC
66] , a decision of the Privy Council, are relevant (IA
p. 331)
'An error in law on the face of the award
means, in Their Lordships' view, that you can
find in the award or a document actually
incorporated thereto, as for instance a note
appended by the arbitrator stating the reasons
for his judgment, some legal proposition which
is the basis of the award and which you can
then say is erroneous.'
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] this Court again examined
this matter and stated 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 in the award
based on an erroneous finding of fact is
OMP (Comm) 25/2019 (CNR No. DLST010075552019) Page No. 19 of 21
permissible and 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 award is liable to be
set aside by holding that there has been a legal
misconduct on the part of the arbitrator."