Orders and Judgments Duration April 23, 2020 -May 07, 2020

“I think the first duty of society is justice.”

ALEXANDER HAMILTON

ALTERNATIVE DISPUTE RESOLUTION

  • Firm Rajasthan Udyog & Ors v. Hindustan Engineering & Industries Ltd
    Arbitration Award fixing price of land can't be executed like a decree for specific performance of sale Agreement : Supreme Court (SC)
    Applying the principle that an executing Court cannot travel beyond the relief granted in a decree, the Supreme Court (SC) held that an Arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale Agreement, when the reference to Arbitrator was only for determining the compensation under the sale Agreement.
    https://www.livelaw.in/pdf_upload/pdf_upload-373761.pdf
  • Quippo Construction Equipment Ltd v. Janardan Nirman Pvt Ltd
    Non-Participation in Arbitral proceedings results in waiver of Right to raise objections on Jurisdiction after Award: Supreme Court (SC)
    The Supreme Court (SC) on Wednesday held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude the party from doing so after the passing of an Arbitral Award.
    https://drive.google.com/viewerng/viewer?url=https://www.livelaw.in/pdf_upload/pdf_upload-373943.pdf
  • National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A
    Foreign Award against Public Policy not enforceable in India : Supreme Court (SC) renders ₹ 450 Crores Award against NAFED unenforceable
    The Supreme Court (SC) held as unforceable a foreign award on the grounds of being opposed to the "foundational policy of Indian law and basic concept of justice".
    https://www.livelaw.in/pdf_upload/pdf_upload-374029.pdf

INSURANCE

  • Bajaj Allianz General Insurance Co Ltd & Anr v. The State of Madhya Pradesh
    Insurance Law - Storage, Unpacking, Assembly of Helicopter outside scope of 'Ordinary course of transit' : Supreme Court (SC) sets aside insurer's liability to compensate MP Government
    The Supreme Court (SC) on Friday set aside the National Consumer Disputes Redressal Commission's order requiring Bajaj Allianz General Insurance to pay ₹ 64 lakh by way of compensation to Madhya Pradesh Government for wrongful repudiation of a claim of damages to a helicopter in transit from Canada to Bhopal. The issue before the bench was whether or not storage, unpacking and assembly of the helicopter at New Delhi would fall outside the scope of the expression "ordinary course of transit", terminating coverage under the policy.
    https://www.livelaw.in/pdf_upload/pdf_upload-373756.pdf

Disclaimer “This information has been gathered from various sources. Nothing herein is or may be construed as legal advice”.