2 years, 8 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. It is trite that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order. The bench comprising Justice Alka Sarin further added that there is no illegality or irregularity in the order passed by the Court below to attract intervention by this court. During the pendency of the suit, the plaintiff-petitioner filed an application under Order XXVI Rule 9 of the Code for appointment of a Local Commissioner for bringing on record the existing position of the suit property.

High Court Local Commissioner Order Refusing application rights cpc high court haryana commissioner suit revisable filed punjab order refusing xxvi appointment does local plaintiffpetitioner

History of this topic

1 day, 23 hours ago

Commissioner Under Order 26 Rule 9 CPC Should Only Be Appointed When Evidence Presented By Parties Is Insufficient To Resolve Dispute: J&K High Court

Live Law

The Jammu and Kashmir High Court held that a Commission under Order 26 Rule 9 CPC could be issued only when the trial court is unable to decide the controversy based on the evidence placed by the parties. The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order …

1 week, 6 days ago

Can't Protect Illegal Appointment: Rajasthan HC Dismisses Plea By Asst Prof Candidate Whose Appointment Was Cancelled Over Wrong PhD Completion Date

Live Law

Rajasthan High Court dismissed the petition filed by a candidate whose appointment was cancelled by Malviya National Institute of Technology after it was found that he incorrectly submitted the date of his Ph.D completion, and in fact was not possessing the qualification on the last date of application submission. The bench of Justice Anoop Kumar Dhand also opined that there …

2 weeks, 2 days ago

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023

Live Law

The Gujarat High Court on Monday sought the state government's stand on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws Act 2023 and subsequent amendment made to the relevant rules, claiming it is contrary to the Supreme Court's decisions on the manner in which reservation is to be implemented. The plea claims that the Act and …

2 weeks, 5 days ago

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC

Live Law

The Rajasthan High Court has said that under the Rajasthan Tenancy Act, revision petition is not maintainable before the Revenue Board against 'ex parte ad-interim' orders passed by subordinate revenue courts and appellate courts. Section 231 states that Board may call for the record of any case decided by any subordinate revenue court in which no appeal lies either to …

3 weeks, 1 day ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

3 weeks, 2 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

3 weeks, 6 days ago

Whether 'Prakash Singh' Judgment On DGPs Applies To Delhi Police Commissioner Appointment? Supreme Court Leaves Question Open

Live Law

The Supreme Court recently disposed of a challenge raised to the appointment of ex-Delhi Police Commissioner Rakesh Asthana, while leaving open the legal question as to whether the 2006 judgment in Prakash Singh v. Union of India shall apply to the appointment of Delhi Police Commissioners.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,"The only …

1 month ago

Karnataka High Court Quashes Centre's Order Debarring Retired Judge From Any Govt Appointments For 3 Years

Live Law

Justice R Devdas allowed the petition and said, “If the R2 would have followed procedures as contemplated in OM and vacancy circular, the R2 would have never issued such impugned order, debarring the petitioner. The impugned order is quashed and set aside.” Justice Desai has been appointed by the State Government as the One Man Commission of Inquiry, to probe …

1 month, 3 weeks ago

Appointment of information commissioners subject to outcome of petition questioning selection process: Karnataka High Court

The Hindu

The High Court of Karnataka on Tuesday said that the appointments to the post of State Chief Information Commissioner and seven posts of State Information Commissioners are subject to final outcome of the petition, which has questioned the legality of the process of selection to the respective posts. The court also made it clear to the government and the newly-appointed …

1 month, 3 weeks ago

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

Live Law

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. The Punjab …

1 month, 3 weeks ago

Karnataka High Court Stays Centre's Order Debarring Former HC Judge From Govt Appointments For 3 Yrs

Live Law

The Karnataka High Court in an interim order on Tuesday stayed a November 7, 2024 Central Government order by which a former High Court judge Justice Padmaraj Nemachandra Desai was debarred for three years from any Government appointments. Justice R Devdas stayed the order till the next date of hearing of the petition filed by Desai challenging the order and …

2 months ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

2 months, 1 week ago

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC

Live Law

The Chhattisgarh High Court has held that it cannot exercise writ jurisdiction against an order by the District Judge, which is the Appellate Authority under the Municipal Corporation Act 1956, upholding imposition of property tax. In doing so, single judge Justice Narendra Kumar Vyas cited Section 149 of the Act which prescribes that the Appellate Authority is amenable to revisional …

2 months, 1 week ago

High Court Expresses Shock Over Punjab Election Commissioner Allowing Nominated State Functionaries To Manage Municipal Bodies Sans Election

Live Law

It is an extremely sorry state of affairs especially in a democratic polity, the Punjab & Haryana High Court said while expressing shock to note that despite the constitutional mandate to hold election before the last term Punjab State Election Commission allowed State to manage Municipal bodies without election since last 4-5 years.Chief Justice Sheel Nagu and Justice Sudhir Singh …

2 months, 1 week ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

2 months, 1 week ago

Appointment Of Second Commissioner Without Assigning Reasons Violates Order 26 Rule 10(3) CPC: Jharkhand High Court

Live Law

The Jharkhand High Court in a recent ruling has emphasized that appointing a second Pleader Commissioner without assigning reasons for ignoring the report of the first Commissioner violates the provisions of Order 26, Rule 10 of the Civil Procedure Code and is to be condemned. The lower court had allowed the respondents-plaintiffs' application objecting to the first Pleader Commissioner's report …

2 months, 2 weeks ago

Whether Local Commissioner Appointed By Court Is Witness Of Any Party? Punjab & Haryana High Court Explains

Live Law

The Punjab and Haryana High Court has made it clear that Local Commissioner is not a witness of any party and the discretion lies with the Executing Court to permit or refuse to examine the Commissioner. Justice Deepak Gupta said "the Local Commissioner appointed by the Court is not a witness for any of the party. "Merely on the asking …

2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

2 months, 3 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

2 months, 3 weeks ago

Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court

Live Law

The Jharkhand High Court, in a recent judgment while setting aside a trial court order appointing a survey commissioner, ruled that the order failed to establish the necessity for local investigation under Order XXVI Rule 9 of the Code of Civil Procedure and lacked sufficient reasoning. The High Court cited the Apex Court's precedent in Saraswathy vs. Viswanathan, ruling, while …

3 months ago

High Court Upholds Removal Of Haryana Municipal Council President For Submitting Fake Class VIII Marksheet

Live Law

The Punjab & Haryana High Court has upheld the removal of Haryana's Sohna Municipal Council President on the grounds of submitting a “fake” class VIII marksheet. Justice Sureshwar Thakur and Sudeepti Sharma said, “What magnifies the ill conduct of the present petitioner as but arises from the withholding of the original, wherefrom an adverse inference has been drawn against her, …

3 months ago

Punjab State Election Commission Act | Person Is Not 'Ordinarily Resident' Only Because He Owns A House In The Constituency: High Court

Live Law

The Punjab & Haryana High Court said that a person would not be an “ordinarily resident” in terms of Punjab Election Commission Act only on the ground of owning or possessing a house. The court said, “though the statutory coinage “ordinarily resident” has been statutorily conveyed the connotation, that any voter would not be “ordinarily resident” in a constituency or …

3 months ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

3 months ago

Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea

Live Law

The Supreme Court today issued notice to the Punjab State Election Commission in an intervention application filed by the prospective candidates of opposition parties including Bharatiya Janata Party, Shiromani Akali Dal, and Indian National Congress, alleging that they were systematically prevented from filing nominations for the Municipal Corporation elections in Patiala by. The Supreme Court today issued notice to the …

3 months, 1 week ago

Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi

Live Law

Congress MLA Chanda Singh Gaur has approached the Supreme Court challenging Madhya Pradesh High Court's rejection of her plea under Order 7 Rule 11 CPC to dismiss an election petition filed by BJP MP Rahul Singh Lodhi.A bench of Justices Surya Kant and Ujjal Bhuyan, before whom the case was listed today, has posted it to January, 2025. Congress MLA …

3 months, 2 weeks ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

3 months, 3 weeks ago

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability

Live Law

The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals and Law Officers by the State Government, for lacking any merits and being filed solely on the basis of vague allegations. “The suitability of a lawyer who is engaged by the Government is a matter exclusively within the …

3 months, 3 weeks ago

Supreme Court Refuses To Interfere In Kerala HC Order Invalidating 'Compassionate Appointment' To Late MLA's Son

Live Law

The Supreme Court on Monday refused to interfere in the order of the Kerala High Court which had set aside the appointment of late MLA Ramachandran Nair's son in the State's Public Works Department under 'compassionate employment'.The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the challenge against the Kerala High Court order which cancelled the. The …

4 months ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

4 months ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

4 months, 1 week ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

4 months, 1 week ago

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Live Law

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity. At the …

4 months, 2 weeks ago

Supreme Court Directs Punjab Govt, SEC To Notify Municipality Elections In 2 Weeks; To Be Completed In 8 Weeks Thereafter

Live Law

While partially modifying a Punjab and Haryana High Court order which directed that Punjab municipality elections be notified within 15 days, the Supreme Court today ordered that the election process shall commence within 2 weeks from today and be completed within 8 weeks thereafter.A bench of Justices Surya Kant and Ujjal Bhuyan was hearing Punjab's challenge to the High Court …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

4 months, 3 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

5 months, 1 week ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

6 months, 1 week ago

'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court

Live Law

Rajasthan High Court recently allowed a petition challenging an 'Awaiting Posting Order' passed by the State Medical and Health Services Department during the ban period imposed by the Government, in the absence of any urgency or even clearance from the office of the Chief Minister. In the opinion of this Court, the State Government cannot blow hot and cold at …

7 months ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

9 months ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

10 months, 2 weeks ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

1 year ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

1 year ago

Punjab & Haryana High Court Disapproves Of State Authorities Often Raising "Frivolous Objections" To Pleas For Appointment Of Arbitrator

Live Law

The Punjab and Haryana High Court recently expressed dismay over State instrumentalities for strongly contesting applications for appointment of Arbitrator, often by raising frivolous objections.While overruling the objections raised by Punjab Heritage and Tourism Promotion Board in a plea for appointment of arbitrator, Justice Suvir Sehgal said,". The Punjab and Haryana High Court recently expressed dismay over State instrumentalities for …

1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

1 year, 2 months ago

Krishna Janmabhoomi dispute: SC stays Allahabad HC order appointing Commissioner to inspect Shahi Eidgah Mosque

New Indian Express

By Suchitra Kalyan Mohanty NEW DELHI: The Supreme Court on Tuesday stayed the implementation of the Allahabad High Court order appointing a commissioner to inspect the Shahi Eidgah Masjid in connection with Mathura’s Sri Krishna Janmabhoomi dispute. A two-judge bench of the apex court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta, told senior advocate Shyam Divan, …

1 year, 3 months ago

Statement Made Before The Arbitrator Withdrawing Objection To Unilateral Appointment Would Not Suffice 'Express Agreement' Required Under Section 12(5) Of The A&C Act: Delhi High Court

Live Law

The High Court of Delhi has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice 'express agreement' required under Section 12 of the A&C Act The bench of Justice Jyoti Singh reiterated that ineligibility of the arbitrator goes to the root of the matter and any award passed by …

1 year, 3 months ago

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates

Live Law

The High Court of Delhi has held that a panel of arbitrators consisting of merely 3 persons is not broad-based, therefore, a party cannot be compelled to appoint the arbitrator from such a narrow panel. The bench of Justice Jyoti Singh also reiterated that mere participation in the arbitral proceedings cannot be constituted as a waiver to application of Section …

Discover Related

45 minutes ago