High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court
5 days, 16 hours ago

High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court

Live Law  

The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral Proceedings, where it had directed the Arbitral Tribunal to grant additional time for one party to cross-examine another, despite the Tribunal already having provided ample time for cross-examination.Setting aside the High Court's decision, the bench comprising Justices PS Narasimha. The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral Proceedings, where it had directed the Arbitral Tribunal to grant additional time for one party to cross-examine another, despite the Tribunal already having provided ample time for cross-examination. Observing that the High Court failed to point out any perversity in the tribunal's order, the judgment authored by Justice Narasimha deprecated the practice of interfering with the arbitral process when full opportunity was granted to the parties to present their case in the proceedings governed under Section 18 of the Arbitration & Conciliation Act, 1996. There is absolutely no discretion about this aspect of the matter, except to say that in the facts and circumstances of the case and as an exceptional circumstance as well, the request of the respondent/claimant is excessive.” “Having considered the matter in detail, we find no justification in the order passed by the High Court in interfering with the directions of the Arbitral Tribunal holding that full and sufficient opportunity to cross-examine RW-1 has already been given and no further extension of time is warranted.

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History of this topic

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court
1 day, 19 hours ago

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court

Live Law  

The Supreme Court reiterated that the High Court cannot reappreciate the evidence unless the appropriate Court has exceeded its jurisdiction or acted perversely. “It is a well-established principle that the High Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot reappreciate the evidence and arrive at a finding of facts unless the authorities below had …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 weeks, 6 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month, 2 weeks ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
5 months, 2 weeks ago

Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Arif S. Doctor has held that the court cannot constantly interfere with and micromanage proceedings which are pending before Arbitral Tribunals. The bench held that the court: will not interfere with the exercise of discretion by the Arbitral Tribunal and substitute its own view except when the Arbitral Tribunal has acted arbitrarily, or …

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible : Supreme Court
9 months ago

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible : Supreme Court

Live Law  

The Supreme Court on Tuesday reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial court's order of acquittal unless the view taken by the trial court was perverse. “In any case, even if two views are …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 1 month ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 2 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

Live Law  

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Jurisdictional Objection Under Sec. 16 of Arbitration And Conciliation Act Has To Be Raised At Inception With Sense Of Alacrity: Delhi High Court
3 years, 9 months ago

Jurisdictional Objection Under Sec. 16 of Arbitration And Conciliation Act Has To Be Raised At Inception With Sense Of Alacrity: Delhi High Court

Live Law  

The Delhi High Court on Thursday observed that a jurisdictional objection under sec. The Court also observed that under the scheme of the Act, such an objection has to be raised with a "sense of alacrity" which must be decided by the Arbitral Tribunal with. The Court also observed that under the scheme of the Act, such an objection has …

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]
4 years, 9 months ago

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court in exercise of jurisdiction under Article 226 of the Constitution can pass an order interdicting the legal fiction engrafted in a legislation, provided the legal fiction had not come into operation. The bench comprising Justice Ashok Bhushan and Justice Navin Sinha reiterated that the power of the High Court under Article …

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