🟥 Short Points on Law
🟡 It is incorrect to say that the validity of subordinate legislation cannot be decided by Tribunal. Refer Case Citation [2019] GCtR 3636
🟡 Income-tax Act, 1961 – Assessee was a company – Action of income tax department was challenged by the assessee – To challenge the action of Department, reliance was placed on an earlier judgment of Hon’ble High Court – Explaining the scope of the provision of Income-tax Act, 1961 and the role of the Assessing Officer, the action of Income Tax Department was set aside – Petition filed by Assessee was allowed. Case Citation : [2019] GCtR 3638
🟡 Tenders and Law – Petitioner’s bid was rejected – Rejection of bid was challenged – Rejection of bid was found justified – Petition dismissed. Case Citation : [2019] GCtR 3637
🟤 Arbitration and Conciliation Act, 1996 – Challenge to findings by the Arbitrator – There was an agreement between the parties – A signed agreement existed between the parties – In arbitration, the claim was allowed – When the arbitral award was challenged, the findings of arbitrator were set aside – Distinguishing 2 earlier Judgments of Hon’ble Supreme Court, the petition challenging arbitral award was allowed. Case Citation : [2019] GCtR 3639
🟢 Arbitration and Conciliation Act, 1996 – Section 34 – “Application for setting aside arbitral awards” – Challenge to arbitral award – Except few aspects, the arbitral award was found legally sustainable – Arbitral Award modified. Case Citation : [2019] GCtR 3640
⚫ Arbitration and Conciliation Act, 1996 – Section 34 – “Application for setting aside arbitral awards” – There was an agreement and a contract between A and B – Under the contract, multiple clauses were there – Disputes arose and matter was referred for arbitration – Certain findings were given in the arbitral award – Held, if an arbitral award contains unsustainable findings, then such finding in arbitral award can be set aside under S.34 of the Act. Case Citation : [2019] GCtR 3641
🟢 Code of Civil Procedure, 1908 – Section 11 – “Res Judicata” – Applicability of Res judicata in Suits related to immovable property in Urban Areas – Relying on the principles outlined in an earlier Judgment of Hon’ble Supreme Court, the decision under challenge was upheld. Case Citation : [2019] GCtR 3642