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JASMEET SINGH
Mohd. Amin (deceased) Through Lrs – Appellant
Versus
Mohd. Iqbal (deceased) Through Lrs – Respondent
| Table of Content |
|---|
| 1. introduction of case and its basic facts regarding possession. (Para 1) |
| 2. background of the dispute regarding property possession. (Para 2 , 3 , 4 , 5 , 6 , 7 , 10) |
| 3. claims made by respondents and subsequent arbitration process. (Para 11 , 12) |
| 4. arguments presented by petitioners challenging the arbitrator's award. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 25 , 26) |
| 5. respondents' defense on limitation and arbitration validity. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 6. judicial approach to reviewing arbitration awards. (Para 33 , 34 , 35 , 36) |
| 7. discussion on principles of natural justice in arbitration. (Para 39 , 40 , 41 , 42 , 43 , 44) |
| 8. case law analysis on applicability of section 14 of limitation act. (Para 54 , 55 , 56 , 57 , 58) |
| 9. award's basis on limitation and damages under contract. (Para 60) |
| 10. assessment of damages awarded by arbitrator. (Para 64 , 65 , 66 , 67 , 68 , 69) |
| 11. counter-claim rejection reasoning. (Para 74 , 75 , 76) |
JUDGMENT
Jasmeet Singh, J.
O.M.P. (COMM) 250/2021
1. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter, "the Act") challenging the Award dated 18.05.2021 (hereinafter, "Impugned Award") pass
The court ruled that arbitration findings are minimally subject to judicial review, confirming compensation awarded for unlawful possession and possession restoration based on the terms of the compro....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
The judgment emphasizes the limited scope of interference with arbitral awards and the principle that courts should not interfere with arbitral awards unless there is a patent illegality or violation....
Limited grounds for setting aside an arbitral award under Section 34 of the Arbitration Act and the Court's reluctance to re-adjudicate disputes on their merits.
The arbitrator's decision is final, and interference by the Court is limited. The Court cannot re-assess evidence or substitute its own evaluation of the conclusion of law or fact.
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