Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award: Provided that an award shall
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1 - 10 of 34906 (3.57 seconds)Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
Finally, though she argued the ground of
patent illegality, this argument was given up when it was pointed out by
the Court that this ground ... Geco”] has been done away with, and a new ground of
“patent illegality”, with inbuilt exceptions, has been introduced. Given
this, we declare that Section
Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. on 9 September, 2021
found to
be suffering from the vices of perversity, irrationality and
patent illegality. The High Court observed that in deciding
the question on defects ... Court, if the Court finds that the award
is vitiated by patent illegality appearing on the face of
the award:
Provided that an award shall
Psa Sical Terminals Pvt. Ltd. vs The Board Of Trustees Of V.O. ... on 28 July, 2021
India, conflict with justice or
morality, and the existence of patent
illegality in the arbitral award.
Additionally, the concept of the
“fundamental policy of Indian ... Houses v. Wednesbury Corpn.,
(1948) 1 KB 223 (CA)] reasonableness.
Furthermore, “patent illegality” itself has
been held to mean contravention of the
substantive
Patel Engineering Ltd. vs North Eastern Electric Power ... on 22 May, 2020
India15, the provisions of the Amendment Act would apply.
16. Patent illegality as a ground for setting aside a domestic
award was first expounded ... subsequent judgment of Associate Builders17, this Court
discussed the ground of patent illegality as a ground under public
policy for setting aside a domestic award
National Highways Authority Of India vs P. Nagaraju @ Cheluvaiah on 11 July, 2022
award has sought to contend that the
award suffers from patent illegality which is a ground to
interfere with an award as provided under Section ... contend with regard to the facets
which could be considered as patent illegality, reliance is
placed on the decision in the State of Chhattisgarh
State Of Chhattisgarh vs M/S Sal Udyog(P) Ltd on 8 November, 2021
Learned counsel for the appellant-State argued that the aforesaid
patent illegality on the face of the Award was highlighted in grounds ... respondent-Company. To buttress the argument
that the plea of patent illegality is a permissible ground for reviewing a
domestic Award, the ruling in Delhi
Reliance Infrastructure Ltd. vs State Of Goa on 10 May, 2023
conflict with the ‘public policy of India’ or vitiated
by ‘patent illegality appearing on the face of the award’.
9.2. With respect to the submission ... rightly
interfered with the award in question that suffered from patent illegalities.
The learned Attorney General has also questioned the observations and
20
findings
Union Of India vs Recon on 13 February, 2020
perversity; and (2) that it is vulnerable on the ground of patent
illegality.
3. Mr Sharma positioning of his case in this way demands ... Court, if the Court finds that the award
is vitiated by patent illegality appearing on the face of
the award:
Provided that an award shall
State Of West Bengal vs Pam Developments Pvt. Ltd on 3 November, 2016
State Of West Bengal vs Pam Developments Pvt. Ltd on 3 November, 2016
Author: Soumen