Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition The subject issue has been recently decided by the Hon’ble Supreme Court of India in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Private Limited Curative Petition (C) Nos.108-109…
Tag: Article 136
Supreme Court of India: Substance Over Form While Setting Aside A Patently Illegal Domestic Award Under the Plenary Jurisdiction Of The Supreme Court
Rightful Setting Aside of a Patently Illegal Award by the High Court Even If Based on Overruled Precedent Warrants No Interference by the Supreme Court Patent illegality is a head of public policy of India and consequently serves as a ground for setting aside domestic awards in India. It was first expounded in the judgment…