SC: Under Order XXI Rule 102 CPC, A Transferee Pendente Lite Cannot Obstruct Execution of a Decree  ||  SC: RTE Act promotes fraternity and equality by children of judges and vendors studying together  ||  MP High Court: Aadhaar and Voter ID Cards are Not Definitive Proof of Date of Birth  ||  Chhattisgarh HC: Second Marriage During Subsisting First Marriage Void Unless Custom Permits It  ||  Allahabad HC: Will in Favor of Someone Does Not Affect Compassionate Appointment Based on Dependency  ||  MP High Court: Mere Illness of a Family Member, If Improving, is Not Sufficient for Interim Bail  ||  Bombay HC: ?25K Fine for Flying Kites With Nylon Manjha; Parents Must Ensure Responsible Conduct  ||  Delhi High Court: Home State Must be the First Preference For Claiming Insider IFS Cadre Allocation  ||  SC: Hindu Daughter-In-Law Widowed After Her Father-In-Law’s Death is Entitled to Maintenance  ||  SC: Vendor Remains a Necessary Party in Specific Performance Suits Even After Transferring Property    

Search Results for Tag : Illegality

International Cases

Doctrine of illegality bows down to public interest(20.07.2016)

A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....

Tags : uk, doctrine of illegality, public interest, insider information



Judgments

Ground of patent illegality is available under the statute for setting aside a domestic award, if decision of arbitrator is perverse(22.05.2020)

In the facts of present case, learned sole arbitrator has passed the arbitral award dated 29th March, 2016 in respect of Package-I holding. Similar De.....

Tags : Award, Patent illegality, Arbitrator



While exercising the power under Order VII Rule 11 of CPC, the Court has to see the averments made in the plaint and documents relied upon by the Plaintiff(05.07.2022)

The present revision petition has been filed challenging the impugned order whereby the application under Order VII Rule 11 of Code of Civil Procedure.....

Tags : Revisional jurisdiction, Interference, Illegality



Erroneous application of law cannot be categorised as patent illegality(06.01.2023)

Appellant by way of present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) impugns judgment, whereby the obje.....

Tags : Objections, Award, Patent illegality



News

SC: Arbitral Award Suffers from Patent Illegality if Illegality is Apparent on the Face of it(11.05.2023)

Supreme Court has held that an arbitral award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face .....

Tags : Supreme Court, Award, Illegality, Arbitration



Supreme Court: Article 14 is a Concept Clothed in Positivity Based on Law(15.11.2024)

SC has held that the idea of equality under Article 14 is a concept clothed in positivity based on law. It can be invoked to enforce a claim having sa.....

Tags : Supreme Court, Article 14, Illegality



HP HC: Can’t Set Aside Award Unless Patent Illegality Established u/s 34 of A&C Act(14.11.2024)

Himachal Pradesh High Court has stated that an interference with the award can only be made under Section 34 of Arbitration and Conciliation Act, 1996.....

Tags : HP High Court, Section 34, Patent Illegality



Supreme Court: Court Cannot be Used as Means by Any Person to Perpetuate Illegality(22.08.2019)

Supreme Court has observed that the Court cannot be used as a tool by a litigant to perpetuate illegality and observed that a person who has liability.....

Tags : Supreme Court, Illegality



SC: 'Patent Illegality' a Ground Available to Set Aside Domestic Arbitral Awards(25.05.2020)

SC has observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if it is patently illegal.

Tags : Supreme Court, Patent Illegality



Bom. HC: Illegality of Appointment Procedure Not Ground for Rendering Arbitration Agreement Invalid(09.05.2023)

Bombay High Court has held that mere illegality of the appointment procedure would not swipe the entire arbitration agreement into illegality and what.....

Tags : Bombay High Court, Appointment Procedure, Illegality of Appointment



Delhi High Court Judges Express Concern Over Draft Arbitration & Conciliation (Amendment) Bill 2024(15.04.2025)

Delhi High Court judges have expressed their concerns over the Draft Arbitration & Conciliation (Amendment) Bill 2024 expanding the scope of ‘patent i.....

Tags : Delhi High Court, Patent Illegality, International Commercial Arbitration



HP HC: When Award is Passed Without Giving Reasons, it Suffers from Patent Illegality(02.12.2024)

Himachal Pradesh High Court has held that when an award is passed without giving reasons regarding the adjudication of disputes, the award is said to .....

Tags : HP High Court, Patent Illegality, Award



Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)

Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....

Tags : Delhi High Court, Government Contract, Illegality



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