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Showing posts with label opposed to public policy. Show all posts
Showing posts with label opposed to public policy. Show all posts
Saturday, 11 October 2025

Gujarat HC: What is duty of the court when it comes to its knowledge that future maintenance right was relinquished on payment of illusory amount of maintenance?

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 The principle underlying the lump sum payment as laid down by the Supreme Court in Bai Tahira's case (supra) can be equally applied to ...
Monday, 13 May 2019

Whether Arbitrator can foist unilateral addition or alteration of a contract upon an unwilling party?

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However, when it comes to the public policy of India argument based upon “most basic notions of justice”, it is clear that this ground ...
Sunday, 25 November 2018

Whether illegal arbitration award is against public policy of India?

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It was also held by the District Judge that the arbitral award was not even against the public policy of India and merely because some i...
Thursday, 8 November 2018

Whether maintenance can be denied to daughter due to agreement between her father and mother?

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  As per Section 23 of the Indian Contract Act, 1872, any consideration or object of an agreement is unlawful, if it defeats the provision...
Thursday, 12 April 2018

Whether unjust arbitration award can be set aside by court?

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We are not in agreement with the approach adopted by the learned single Judge.  The dispute in question had resulted in a reasoned award. ...
Saturday, 31 March 2018

Whether public policy for purpose of arbitration proceeding means only law laid down by parliament?

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It was also contended by Shri Divan, that the newly added ground that the Tribunal under the Arbitration Act, 1996 had no jurisdiction t...
Saturday, 10 February 2018

Whether award passed by arbitrator can be set aside on ground award was unjust?

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  It has been opined by this Court that when it comes to setting aside of an award under the public policy ground, it would mean that th...
Sunday, 28 January 2018

Whether Lok adalat can pass contingent award relating to pending matters before court?

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In the case at hand, I see that the parties have agreed into the terms of the award on the happening of a specific contingency that this...
Sunday, 12 November 2017

Whether contract to influence government to secure particular order is enforceable?

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The G.V.K. Committee Report was considered by a Division Bench of the Karnataka High Court in the case of Narayana Reddy v. State of Kar...
Friday, 14 July 2017

How to ascertain damages in case of breach of contract in respect of supply of goods in Arbitration proceeding?

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In so far as the issue regarding measure of damages is concerned, Mr. Banerjee contended that the quantum of damages were considered by the...
Wednesday, 8 July 2015

Whether party can back out from concluded contract on the ground that terms of contract are opposed to public policy?

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Mr. Sharan, learned senior counsel appearing for the appellant, also challenged the arbitral award on the ground that the same is in conf...
Thursday, 25 October 2012

Whether condition on reverse side of bill limiting liability of launderer to minimum is opposed to public policy?

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Anantanarayanan, J. Officiating Chief Justice of the High Court dealt with a situation where on the reverse of a bill which was handed ove...