Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court
3 months, 2 weeks ago

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. It is the contention of the appellant that award had become final as the respondent / judgment debtor has not filed any appeal under Section 34 of the Arbitration and Conciliation Act, 1996, therefore, once the award has attained finality, the Executing Court has wrongly declared the same as void and dismissed the execution proceedings. Section 36 of the Act of 1996 says that where the time for making an application to set aside the award under Section 34 has expired, the award shall be enforceable.” The court noted that the respondents also admitted that no such objection was filed before Executing Court that award is not executable and the Executing Court has suo moto passed an order dismissing the execution proceeding.

Act Award Void Section 34 Executing Court  award  high  execution  madhya  act  executing  court  modify  order  set  pradesh  void  aside  declare  1996

History of this topic

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court
1 month, 2 weeks ago

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. The respondent Bank filed an application for execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with Order …

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court
1 month, 3 weeks ago

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court

Live Law  

The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition solely on the ground of unilateral appointment of an arbitrator. “As long as there is no …

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC
2 months, 3 weeks ago

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Satyen Vaidya held that the award being primarily based on consent cannot also be held to be patently illegal or in conflict with the public policy of India. Brief Facts The present appeal has been preferred by the appellant under Section 37 of the Arbitration and Conciliation Act, …

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
3 months, 3 weeks ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

Award Suffers From Patent Illegality When Adjudication Is Done Without Giving Any Reasons: Himachal Pradesh High Court
3 months, 3 weeks ago

Award Suffers From Patent Illegality When Adjudication Is Done Without Giving Any Reasons: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Satyen Vaidya, while a Section 34 petition, has held that when an award has been found to be rendered without giving any reasoning regarding the adjudication of the disputes, the said award suffers from patent illegality apparent on the face of the award, and liable to be set aside. Firstly, the levy …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Since Award Is A Deemed Decree, Execution Can Be Initiated Anywhere Where Decree Can Be Executed: Allahabad High Court
4 months, 1 week ago

Since Award Is A Deemed Decree, Execution Can Be Initiated Anywhere Where Decree Can Be Executed: Allahabad High Court

Live Law  

The Allahabad High Court bench of Justice Neeraj Tiwari affirmed that the enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed and there is no requirement of obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings. 64 of 2022 under Section …

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC
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4 months, 1 week ago

Award Can Be Set Aside U/S 34 Of Arbitration Act If Arbitrator Travels Beyond Arbitration Agreement: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that if arbitrator travels beyond the terms of the arbitration agreement while passing an award, such an award is liable to be set aside under section 34 of the Arbitration Act. Brief Facts This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court
1 year, 6 months ago

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court

Live Law  

The High Court of Andhra Pradesh has held that an execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court viz., Civil/District Court can entertain such an application. Somayajulu and Duppala Venkata Ramana held that an execution/enforcement petition for an arbitration award of a specified value would be an application within the …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 7 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
2 years, 5 months ago

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court

Live Law  

The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or …

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court
2 years, 6 months ago

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. Brief Facts of the Case The Writ Petition had been filed under Article 226 of the Constitution of India to challenge the Award dated 10.07.2013 by the 1st …

Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court
2 years, 7 months ago

Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court

Live Law  

The Bombay High Court has reiterated that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is otherwise sustainable, the court is not mandatorily required to set aside the entire award under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Bench of Justice Manish Pitale ruled that …

Award Passed By An Arbitrator Who Doesn't Have Qualification As Per Agreement Is Non-Est: Madhya Pradesh High Court
2 years, 7 months ago

Award Passed By An Arbitrator Who Doesn't Have Qualification As Per Agreement Is Non-Est: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that if the agreement between the parties provides for certain qualifications of an arbitrator, then the appointment must be made in accordance with those qualifications only. The Bench of Justice Subodh Abhyankar further held that an application filed under Order 7 Rule 11 of CPC challenging the jurisdiction of the arbitrator is to …

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court
2 years, 9 months ago

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that a writ petition would be non-maintainable against an order of the arbitrator dismissing the application for interrogatories. Observation By The Court The Court relied on the judgment of the Hon'ble Supreme Court in SBP & CO. v. Patel Engineering, Deep Industries v. ONGC and Bhaven Construction v. Sardar Sarovar Narmada Nigam Ltd. …

Death penalty: Madhya Pradesh withdraws incentives for prosecutors
2 years, 10 months ago

Death penalty: Madhya Pradesh withdraws incentives for prosecutors

Hindustan Times  

A policy that offered incentives to prosecutors for securing capital punishment was withdrawn by the Madhya Pradesh government fearing an adverse judgment from the Supreme Court, which has reserved its order in the matter. “In the state of Madhya Pradesh, any such policies existing for public prosecutors in which any kind of incentive or encouragement is given to them to …

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court
2 years, 11 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law  

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

'For Award To Become Binding, It Should Be Passed In Compliance With Principles Of Natural Justice': Madhya Pradesh High Court
2 years, 11 months ago

'For Award To Become Binding, It Should Be Passed In Compliance With Principles Of Natural Justice': Madhya Pradesh High Court

Live Law  

Setting aside an ex-parte award, the Madhya Pradesh High Court, Indore Bench recently held that an award by labour court becomes binding only when it is passed in compliance with the principles of natural justice. Thereafter the Petitioner filed an application under OIX R13 CPC for setting aside the ex-parte award but the court dismissed it. Referring to the decision …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

It Is Not Appropriate To Award ‘Death Sentence’ In Every Case, Madhya Pradesh HC Again Commutes Death Penalty Awarded U/s 376 AB IPC [Read Judgment]
6 years, 4 months ago

It Is Not Appropriate To Award ‘Death Sentence’ In Every Case, Madhya Pradesh HC Again Commutes Death Penalty Awarded U/s 376 AB IPC [Read Judgment]

Live Law  

“In our considered opinion in the instant case the alleged offence is not committed in barbaric and brutal manner, hence it does not fall within “rarest of rare” case to award death sentence.”The Madhya Pradesh High Court yet again commuted a death sentence awarded under newly-introduced Section 376AB IPC to a man accused of raping a three-year-old girl.This is the …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]
6 years, 7 months ago

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

Live Law  

‘Section 34 specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral …

Application For Execution Of Arbitral Award Pending Before District Judge Isn’t Transferable To Commercial Court: Chhattisgarh HC [Read Order]
7 years, 2 months ago

Application For Execution Of Arbitral Award Pending Before District Judge Isn’t Transferable To Commercial Court: Chhattisgarh HC [Read Order]

Live Law  

Even if the word ‘application’ is mentioned in sub-section of Section 15, it would mean an original application and not an application for execution of the award which is preferred after the award has been delivered, the Bench said.The Chhattisgarh High Court has held that an application for execution of an arbitral award pending before the district judge is not …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 7 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

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