AI Overview...
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Nullity of Award - Several sources affirm that an arbitral or judicial award can be declared nullity if it exceeds jurisdiction, is made without proper authority, or is otherwise legally void. For instance, SUNIL MUKHERJEE VS UNION OF INDIA - Calcutta, Suresh Chandra VS General Manager Raj. State Bridge & Construction Corporation - Rajasthan, and SWAIKA VANASPATI PRODUCTS LTD. VS STATE OF WEST BENGAL - Calcutta emphasize that awards made without jurisdiction or in breach of procedural requirements are nullities, rendering them unenforceable and legally void.
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Jurisdiction and Excess of Authority - A recurring theme is that awards made beyond the arbitrators' or courts' jurisdiction are nullities. NATIONAL PROJECT CONSTRUCTION CORPORATION LTD VS AROMA UNIVERSAL - Calcutta and Suresh Chandra VS General Manager Raj. State Bridge & Construction Corporation - Rajasthan highlight that exceeding jurisdiction or acting contrary to contractual terms results in nullity, as such awards lack legal effect.
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Procedural Irregularities and Non-Action of Arbitrators - Nullity can also stem from procedural lapses, such as arbitrators not acting or failing to follow prescribed procedures. Dhooli Atchayya VS Dhooli Peddenti - Madras notes that non-action by arbitrators can invalidate the award, leading to nullity.
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Legal Definitions and Implications - The term 'nullity' is understood as something legally void, with no legal effect, as explained in Medley Pharmaceuticals Ltd. VS First Industrial Tribunal - Calcutta. The courts have held that awards or decrees that are void ab initio can be challenged and set aside as nullities.
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Res Judicata and Finality - Some sources, like Packraft India Pvt. Ltd. VS Central Dairy Farm - Delhi, mention that objections based on nullity can be raised before the court during execution, but if the award is not a nullity, such objections fail.
Analysis and Conclusion:
The consensus across the sources is that an award's nullity arises primarily from lack of jurisdiction, procedural irregularities, or exceeding authority. Such awards are considered legally void, unenforceable, and can be challenged at any stage, including during execution. The key point is that nullity signifies a fundamental defect rendering the award without legal effect, whereas procedural errors or irregularities, though grounds for setting aside, do not necessarily amount to nullity unless they vitiate the award's legality entirely.
References:
- JIVANDAS KHIMJI VS RASHID ALLIDINA - Calcutta, Packraft India Pvt. Ltd. VS Central Dairy Farm - Delhi, SUNIL MUKHERJEE VS UNION OF INDIA - Calcutta, SWAIKA VANASPATI PRODUCTS LTD. VS STATE OF WEST BENGAL - Calcutta, Dhooli Atchayya VS Dhooli Peddenti - Madras, Vikas Agrawal VS Usha Singh - Chhattisgarh, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD VS AROMA UNIVERSAL - Calcutta, Suresh Chandra VS General Manager Raj. State Bridge & Construction Corporation - Rajasthan, Medley Pharmaceuticals Ltd. VS First Industrial Tribunal - Calcutta, STATE OF HARYANA VS KARTAR SINGH (DEAD) - Supreme Court
Search Results for "Nullity of Award"
1959 0 Supreme(Cal) 35 • India - Calcutta
K.C.DAS GUPTA, R.S.BACHAWAT
the award a nullity. ... easement does not make the award a nullity. ... is a nullity. ... ... ( 3 ) MY conclusion is that neither of the reasons given by the learned Judge for his view that the award is a nullity can be sustained and that the plaintiff has failed to prove his case that the award is a nullity. ... Assuming that that conclusion was wrong, he had the right in law to make a mistake and the fact that his decision was e....
2015 0 Supreme(Del) 900 • India - Delhi
V.KAMESWAR RAO
The objections based on jurisdiction and nullity of the award were rejected. ... The judgment debtor raised objections to the execution, including jurisdictional issues and nullity of the award. ... The plea of nullity of a decree can be set up before the executing court, but in this case, the decree was not a nullity. ... In the given facts, the decree is not a nullity. ... 16. In view of the discussion above, the only ground urged, to contend that the awar....
1977 0 Supreme(Cal) 195 • India - Calcutta
BIMAL CHANDRA BASAK, A.N.SEN
- Award Made by Arbitrators Without Jurisdiction - Nullity. ... Whether the award made by the arbitrators was a nullity? Ratio Decidendi: 1. ... Consequently, the award made by the arbitrators was also a nullity. Issues: 1. ... Mitra in support of his contention that the Award is a nullity has advanced the following further arguments :--The Award must be held to be nullity as the Arbitrators had no jurisdiction to ....
2007 0 Supreme(Cal) 503 • India - Calcutta
JAYANTA KUMAR BISWAS
award a nullity - Held, no. ... the award a nullity. 2. ... but did not make the award a nullity. ... In my opinion, the actual prejudice aspect will provide the answer to the question; and hence the irregularity, though in a given case may make the award liable to be set aside, shall not make it a nullity. ... In that case it was held that the award made by the Tribunal was a nullity, since before making it the Tr....
1928 0 Supreme(Mad) 160 • India - Madras
RAMESAM
However, two of the arbitrators did not act, leading to the nullity of the award. ... Nullity of Arbitral Award - Majority Opinion - In cases where the parties refer disputes to arbitrators and agree that the opinion ... Issues: Nullity of arbitral award due to non-action of some arbitrators Ratio Decidendi: In cases where the parties ... The petitioners will have costs of this petition and of the costs of the hearing of the application in the lower Court to pass a decree in terms of ....
2018 0 Supreme(Chh) 704 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
such application, therefore compromise decree having been passed without obtaining petitioners signature or consent is void and nullity ... - Award passed by Lok Adalat has been rendered in contravention to procedure prescribed –Held, if it does not agree, is not an award ... Article 226 and/or 227 - Legal Services Authority Act, 1987 - Section 20 (2) - Compromise decree - Deed of compromise – Challenged - Award ... The record does not contain any such application, therefore, the compromise decree having been passed with....
2000 0 Supreme(Cal) 87 • India - Calcutta
PRANAB KUMAR CHATTOPADHYAY, ASOK KUMAR GANGULY
arbitrator exceeded jurisdiction and made a nullity award by disregarding the terms of the contract. ... ARBITRATION - JURISDICTION - EXCEEDING JURISDICTION - LIMITATION - AWARD - NON-SPEAKING AWARD - JUDICIAL REVIEW - SCOPE. ... Fact of the Case: Appellant challenged an arbitration award on grounds of delay in preferring the claim and that the ... which is a nullity. ... It is not permissible to travel beyond the award and to consider the materials not incorporated....
2002 0 Supreme(Raj) 67 • India - Rajasthan
B.S.CHAUHAN
nullity, unenforceable and inexecutable and is hereby set- aside. ... becomes nullity, being without jurisdiction, based on bad reference. ... becomes nullity, being without jurisdiction, based on the bad reference. ... The doctrine of nullity will come into operation and any decision taken or given by such a Tribunal will be nullity. ... (10). In A.R. Antuley vs. R.S. ... Thus, the impugned award dated 25.4.2000 is declared to be a nullity, unenforceable and inexecut....
2017 0 Supreme(Cal) 672 • India - Calcutta
RAKESH TIWARI, SHIVAKANT PRASAD
a nullity. ... a nullity. ... a nullity. ... In our opinion, in common parlance nullity means something which is legally void. The word 'void' has a wide meaning i.e. which has no legal effect. In Black's Law Dictionary, 10th Edition, 'nullity' and 'void' has been defined as: ... "Nullity: Something that is legally void. ... It may be noticed that we are dealing with the question of nullity of a decree because the executing court is bound to execute the decree and can....
2012 0 Supreme(SC) 844 • India - Supreme Court
R.M.LODHA, ANIL R.DAVE
– Relied upon ... Administration of Justice – Judicial Review – Nullity ... Finding of the Court: ... Impugned judgment is without jurisdiction and a nullity ... a nullity. ... In view of this, the award and decree passed by the High Court on 28-4-1989 has to be held to be without jurisdiction and a nullity. It goes without saying that a plea of nullity of a decree can always be set up before the executing court. ... The order being a nullity, it can be challenged ....
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