“WRONG MUST NOT WIN BY TECHNICALITIES”
ALTERNATIVE DISPUTE RESOLUTION
State of West Bengal v. Bharat Vanijya Eastern Private Limited
Unreasoned arbitral awards opposed to public policy under Section 34 of Arbitration & Conciliation Act – Calcutta High Court
The Calcutta High Court held that an arbitral award lacking proper reasoning would be opposed to public policy under Section 34 of the Arbitration and Conciliation Act.
The Court observed that merely reproducing the contractor’s submissions without independent assessment or adjudication cannot constitute a valid arbitral award.
The Bench further stated that even estimated claims accepted by an arbitrator must clearly disclose the reasoning and justification supporting such conclusions.
The Judgement can be accessed at:
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COMPETITION & UNFAIR TRADE PRACTICE
Star India (P) Ltd v. Society of Catalysts & Anr
Supreme Court sets aside finding of unfair trade practice against Star TV, Airtel and KBC programme
The Supreme Court set aside the National Consumer Disputes Redressal Commission’s finding holding Star India, Airtel and the “Kaun Banega Crorepati” programme liable for unfair trade practice.
The dispute arose from the “Har Seat Hot Seat” SMS contest conducted during the telecast of KBC, where participants were charged higher SMS rates.
The Court observed that the complainant failed to produce cogent evidence proving that prize money was financed from SMS revenue collections.
The Bench held that the NCDRC’s findings were based on conjecture and unsupported newspaper reports, rendering the conclusion legally unsustainable.
The Judgement can be accessed at:
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EMPLOYMENT
Bharat Coking Coal Ltd & Ors v. Shyam Kishore Singh
Employees cannot seek change of date of birth at fag end of service as a matter of right – Supreme Court
The Supreme Court reiterated that correction of date of birth recorded in service records cannot ordinarily be permitted at the concluding stage of an employee’s service career.
The Court observed that even existence of supporting evidence would not automatically entitle an employee to alteration of long-standing service records.
The Judgement can be accessed at:
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WORDS & PHRASES
Oriental Insurance Company Limited v. M/s J K Cement Works
Damage caused by heavy rains covered under “flood and inundation” clause – Supreme Court
The Supreme Court interpreted the terms “flood” and “inundation” in an insurance policy and held that damage caused by excessive rainfall may fall within such coverage.
The Court observed that floods include pluvial or surface floods resulting from accumulation of rainwater even without overflowing rivers or water bodies.
The dispute arose after heavy rains washed away coal stock insured under a Standard Fire and Peril Insurance Policy.
The Bench upheld the compensation awarded to the insured and dismissed the appeal filed by the insurance company.
The Judgement can be accessed at:
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