Articles for Fundamental Policy

Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court
1 month ago

Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma, while hearing a review petition of an appeal filed by the appellant u/s 37 of the A&C Act read with Section 13 of the Commercial Court Act observed that the exuberant interest rate charged in the commercial world depends upon the transparency of the terms and conditions …

Contract Policy Court Indian Commercial Indian Law Fundamental
Non-Consideration Of Clause In Agreement: Can’t Say Opposed To Fundamental Policy Of Indian Law: Delhi High Court
1 year, 5 months ago

Non-Consideration Of Clause In Agreement: Can’t Say Opposed To Fundamental Policy Of Indian Law: Delhi High Court

Live Law  

The Delhi High Court has ruled that non-consideration of a clause of the Agreement executed between the parties, cannot be said to be an error made by the arbitral tribunal which is opposed to the fundamental policy of Indian law. Therefore, a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral …

Law Policy Court Indian Delhi High Court National Interest Indian Law
Request For Oral Hearing Cannot Be Denied by The Arbitral Tribunal On The Ground That The Claims Involved Are Modest: Telangana High Court
2 years, 4 months ago

Request For Oral Hearing Cannot Be Denied by The Arbitral Tribunal On The Ground That The Claims Involved Are Modest: Telangana High Court

Live Law  

The Telangana High Court has ruled that where the Arbitral Tribunal has passed a foreign arbitral award after denying the request of a party for oral hearing, the said arbitral award is contrary to the fundamental policy of Indian law as it is in conflict with the basic notions of justice and hence, it cannot be enforced in India. The …

Law India Policy Court Indian Indian Law Fundamental
Plea In Supreme Court Seeks Directions To Centre To Form Uniform National Level Policy To Protects Legal And Fundamental Rights Of Orphans
3 years, 6 months ago

Plea In Supreme Court Seeks Directions To Centre To Form Uniform National Level Policy To Protects Legal And Fundamental Rights Of Orphans

Live Law  

While highlighting the economic and social hardship faced by orphans, a PIL has been filed before the Supreme Court seeking directions to Centre to prepare a uniform national level policy to deal with the legal and fundamental rights of the orphaned.According to the petitioner, the orphans have been overlooked and ignored and have been deprived of the rights which are …

Supreme Court Legal Rights Centre Petitioner Orphans Orphaned
Judicial Inroads Into Arbitration: Section 34 Saga
4 years, 4 months ago

Judicial Inroads Into Arbitration: Section 34 Saga

Live Law  

The theme of "Judicial Inroads into arbitration" is replete with conundrums; one can easily get bogged down in definitions and the limits, both conceptual as well as practical. Section 34 of 1996 Act mentions certain grounds on account of which the Court can set aside the arbitral award, provided the party assailing such awards is able to prove the conditions …

Law India Policy Arbitration Court Public Policy Indian