Adjudication Archives

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Experts Corner JSA

Time to revisit Arbitrations in the Power Sector: Conflict between Sections 79(1)(f) and 86(1)(f) of Electricity Act, 2003 and Section 11 of Arbitration and Conciliation Act, 1996

by Amit Kapur* and Akshat Jain**

Case Briefs High Courts

Calcutta High Court dismisses Revisional Application on claim of collusion and fraud; Case to proceed for Trial

The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.

Case Briefs High Courts

Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court

The Karnataka High Court held that order granting visitation rights to the father is outside the jurisdictional scope of Karnataka State Commission for Protection of Child Rights.

Case Briefs High Courts

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”

Case Briefs High Courts

Rajasthan High Court | No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

Rajasthan High Court: Ashok Kumar Gaur, J. found that the writ petition by the petitioner lacks merit and dismissed it

Case Briefs High Courts

Del HC directs fresh adjudication in a case involving mixed question of fact and law, as it found relevant submissions were not considered by AO

Delhi High Court: A Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ. disposed the petition and directed fresh adjudication as

Case Briefs

Land owners cannot claim acquisition proceeding is lapsed u/s. 24(2) of Right to Fair Compensation Act where stay was obtained by them vide interim orders: Supreme Court

Supreme Court: The Division Bench comprising of M. R. Shah* and B.V. Nagarathna, JJ., reversed the impugned judgment of Karnataka High Court

Case Briefs High Courts

Manipur HC | Unilateral cancellation letter quashed, parties directed to settle dispute through adjudication committee

Manipur High Court: Lanusungkum Jamir, J. while hearing the matter concerned with sports between All Manipur Football Association v. State of Manipur,

Case Briefs High Courts

Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained

Delhi High Court: Sanjeev Narula, J., decides a matter covering various aspects of the arbitration agreement. Instant petition under Section 11 of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | For passing a valid adjudication order, valid service of show cause notice is essential; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Anil Choudhary (Judicial Member) allowed an appeal in which the issue before the Tribunal

Case Briefs High Courts

J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition, discussed the scope of interference under Article 226 in

Case Briefs High Courts

Patna HC | Referring authority for industrial dispute cannot assume role of quasi-judicial body while conducting conciliation proceeding

Patna High Court: Shivaji Pandey, J. allowed the writ application to the extent that the impugned order was remanded back to the

Case Briefs High Courts

Pat HC | Adjudication by lower court, on a matter which is under consideration in the Supreme Court, amounts to judicial overreach

Patna High Court: A Full Bench of Hemant Kumar Srivastava, Aditya Kumar Trivedi and Ashutosh Kumar, JJ. refrained from adjudicating on the

Case Briefs High Courts

Bom HC | Arbitrator to strictly follow the contractual terms while determining rights and liabilities of parties, any deviation not permissible

Bombay High Court: S.C. Gupte, J. while setting aside an arbitral award for patent illegality, observed that “any forum, which adjudicates upon the rights

Case Briefs High Courts

P&H HC | S. 28-A of Land Acquisition Act not an adversarial form of adjudication; fair compensation to be determined for all landowners

Punjab and Haryana High Court: This writ petition was filed before the Bench of G.S. Sandhawalia, J., against the award passed by

Case Briefs High Courts

Ker HC | Applicability of GST to amount collected by vehicle dealers, acting as agents of State, from purchasers – prima facie issue requiring deeper adjudication

Kerala High Court: The Bench of Dama Seshadri Naidu J. hearing a civil writ petition filed by a vehicle dealer granted an

Case Briefs Foreign Courts

Pak SC | Adjudication by jirgas/ panchayats posing as courts in tribal areas declared illegal; Reliance placed on SC of India’s rulings on khap panchayats

“When in the name of preservation of tradition these jirgas/panchayats assume the powers of a pillar of the State, i.e. the judiciary,

Case Briefs High Courts

Writ dismissed as no justification to quash complaint found

Allahabad High Court: A Single Judge Bench comprising of Rajeev Misra, J., dealt with this petition which was filed under Article 227