2 Important Supreme Court Judgments March 11, 2019

1. Balwant Singh (d) Thru Lrs. Gurbinder Singh v. The State of Haryana

The Land Acquisition Act, 1894 - Section 4 - the comparable sale transactions of small extents of land which were brought on record by the Claimants are not a proper indicia for determining the market value.

Case Number : C.A. No. 2736 of 2019 11-03-2019
Petitioner's Advocate : Shiel Sethi
Bench : Hon'ble Mr. Justice L. Nageswara Rao, Hon'ble Mr. Justice M.R. Shah

2. M/s Icomm Tele Ltd. v. Punjab State Water Supply and Sewerage Board

Arbitration - Deterring a party to an arbitration from invoking this alternative dispute resolution process by a pre-deposit of 10% would discourage arbitration, contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive.

Tender - the terms of an invitation to tender are not open to judicial scrutiny, as they are in the realm of contract, unless they are arbitrary, discriminatory, or actuated by malice.

Arbitration is an important alternative dispute resolution process which is to be encouraged because of high pendency of cases in courts and cost of litigation. Any requirement as to deposit would certainly amount to a clog on this process. Also, it is easy to visualize that often a deposit of 10% of a huge claim would be even greater than court fees that may be charged for filing a suit in a civil court.

Arbitration - the primary object of arbitration is to reach a final disposal of disputes in a speedy, effective, inexpensive and expeditious manner.

Case Number : C.A. No. 2713 of 2019 11-03-2019
Petitioner's Advocate : Sandeep Kumar Jha
Bench : Hon'ble Mr. Justice Rohinton Fali Nariman, Hon'ble Mr. Justice Vineet Saran
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