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Finality of Arbitral Awards Uncategorized

Union of India v. Tecco Trichy Engineers & Contractors, 2005(4) SCC 239

ISSUE:

When does the limitation period to file an application to set aside an arbitral award under Section 34 commence?

Who falls under the ambit of “party” and “party making the application” as per Section 31(5) and Section 2(h)?

RULE:

The limitation period to file an application to set aside an arbitral award under Section 34 begins on the date it is delivered to the party as per Section 31(5) of the Act.

A harmonious interpretation of Section 31(5), Section 2(h) & Section 34(3) defines a “party” as that who is explicitly involved in an arbitration proceeding and has the duty to deal with the award too.

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Judicial Review Of Arbitration Regime Uncategorized

Harendra H Mehta v. Mukesh M Mehta, 1999 (5) SCC 108

ISSUE:

Whether a foreign arbitral award can be enforced by the courts of India under the Foreign Awards (Recognition and Enforcement) Act of 1961:

a. if the dispute is in relation to a family settlement

b. whether the award would be affected by public policy

c. Whether the enforcement would require a fresh suit for the enforcement in India if already enforced in the foreign country?

RULE:

A foreign arbitral award can be enforced by the Indian courts as per the Foreign Awards (Recognition and Enforcement) Act of 1961 is the same is due to a dispute commercial in nature, award is passed in a foreign territory and the said arbitration followed all norms of such proceedings.

A foreign arbitral award need not be registered under the Registration Act and does not violate the public policy of India simply because the properties involved are situated in India, until and unless such an award explicitly violates any statutory laws.

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Judicial Review of Administrative Action and Administrative Discretion

Padfield v. Minister of Agriculture, [1968] UKHL 1

ISSUE:

Whether the Minister of Agriculture’s refusal to refer a complaint to a committee of investigation, as required by the statute, was lawful?

RULE:

Discretion in exercising statutory power is subject to the restriction that it cannot frustrate the purpose of the Act.

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Doctrine of Excessive Delegation

Rojer Mathew v. South Indian Bank Ltd. and Ors. 2019 INSC 1236

ISSUE:

Whether the Finance Act, 2017 (the Finance Act) satisfies the test of a Money Bill under Article 110 of the Constitution of India?

Whether Section 184 of the Finance Act is unconstitutional on account of excessive delegation of power to the Executive?

Whether Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules, 2017 (Rules) are in consonance with the parent enactments and various decisions of the Supreme Court on the functioning of Tribunals?

Whether there is a need for amalgamation of existing Tribunals and setting up of benches?

RULE:

Constitutional spirit is given priority and all the organs of the state, function in accordance with principals like separation of power and basics structure doctrine.

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Rule Against Bias

Justice P.D. Dinakaran v. Hon’ble Judges Inquiry Committee and Ors. AIR 2011 SC 3711

ISSUE:

Whether Shri P.P. Rao’s inclusion in the Committee was sufficient to raise a reasonable apprehension of bias?

Whether the Petitioner waived their right to object to Shri Rao’s inclusion by raising the issue belatedly?

RULE:

No Court can provide assistance in a petition filed with the sole object of delaying finalisation of the inquiry.

To disqualify a person from adjudicating on the ground of interest in the subject matter, the test of real likelihood of the bias is to be applied.

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Judicial Control of Subordinate Legislation

Petroleum and Natural Gas Regulatory Board v. Indraprastha Gas Ltd. and Ors. AIR 2015 SC 2978

ISSUE:

Whether the Petroleum and Natural Gas authority board is empowered to fix or regulate the maximum retail price at which gas is to be sold by entities to the consumers?

RULE:

A power cannot be inferred from the rule making power in the absence of any provision to the said effect in the act/statute.

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Categories
Governance Through Administrative Actions

Province of Bombay v. Kusaldas S. Advani & Ors. AIR 1950 SCR 222

ISSUE:

Whether the decision of the Bombay Government to requisition land under the Bombay Land Requisition Ordinance of 1947 is a judicial, quasi-judicial, or administrative act?

Whether the High Court has jurisdiction to issue a writ of certiorari against the Provincial Government?

RULE:

Purpose for an inquiry as a preliminary step to take a decision must be seen and a mere fact that an executive authority has to decide something does not make the decision judicial.

A writ of certiorari does not lie to remove an order which is of an administrative or ministerial nature.

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Idea of Procedural Fairness

State of U.P. v. Sudhir Kumar Singh and OrsAIR 2020 SC 5215

ISSUE:

Whether the ex parte enquiry held by Managing Director of the Corporation into the matter was in violation of natural justice?

Whether the Managing Director was justified in cancelling the written agreement with the petitioner after a lapse of a year, without putting him to notice?

Whether a writ petition under Article 226 of the Constitution of India is maintainable to enforce a contractual obligation of the State or its instrumentality?

RULE:

No prejudice must be caused to the person who is alleging the breach of Principles of natural justice which includes the rule of audi alteram partem.

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Idea of Procedural Fairness

S.L.Kapoor v. Jagmohan, AIR 1981 SC 136

ISSUE:

Whether the rules of natural justice should be followed even when there are undisputed facts that speak for themselves since no purpose would be served by following the process of formal notice?

RULE:

The principles of natural justice is not an exclusionary rule which is dependant on whether it would have made any difference if natural justice had been observed and the non-observance of natural justice is itself prejudice to any man.

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Doctrine of Excessive Delegation

Union of India and Ors. v. Cynamide India Ltd. and Ors. . AIR 1987 SC 1802

ISSUE:

Whether price fixation of bulk drugs is a legislative activity that is subject to principles of natural justice?

Whether the court can interfere with such price fixation?

RULE:

Principles of natural justice are not attracted by the legislative activities provided that such legislation is within the competence of legislature.

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