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Patently illegal domestic arbitral awards can be set aside: SC

New Delhi,  May 23: The Supreme Court of India has said that patently illegal domestic arbitral awards can be set aside under Section 34 of the Arbitration and Concilliation Act, 1996.  

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New Delhi,  May 23: The Supreme Court of India has said that patently illegal domestic arbitral awards can be set aside under Section 34 of the Arbitration and Concilliation Act, 1996.

The Supreme Court Bench comprising Justices R. Banumathi,  Indu Malhotra, and Aniruddha Bose made this observation on Friday in Patel Engineering Ltd versus North Eastern Electric Power Corporation Ltd.(NEEPCO) and dismissed all the Special Leave Petitions related to the case. Pursuant to the recommendations of the Law Commission, the 1996 Act was amended by Act 3 of 2016, which came into force w.e.f. 23.10.2015.

The ground of “patent illegality” for setting aside a domestic award has been given statutory force in Section 34(2A) of the 1996 Act. The ground of “patent illegality” cannot be invoked in international commercial arbitrations seated in India.

Senior counsels Harish Salve and Neeraj Kishan Kaul appeared on behalf of the petitioner- Patel Engineering Ltd. Solicitor General Tushar Mehta and senior counsel Huzeffa Ahmadi represented the respondent- NEEPCO.

The North Eastern Electric Power Corporation Ltd.(NEEPCO) filed three applications under Section 34 of the Arbitration and Conciliation Act, 1996 before the Additional Deputy Commissioner (Judicial), Shillong challenging the three arbitral awards dated 29.03.2016.

The Additional Deputy Commissioner (Judicial) vide common judgment dated 27.04.2018 rejected the applications under Section 34 of the Act and upheld all the three arbitral awards. The respondent- NEEPCO filed three appeals under Section 37 of the Act before the High Court.

By the common judgment dated 26.02.2019, the High Court allowed the respondent’s appeals and set aside the common judgment dated 27.04.2018 passed by the Additional Deputy Commissioner (Judicial).

Aggrieved by the common judgment, the petitioner preferred special leave petitions before the Supreme Court. After hearing both the parties, the Supreme Court on 19.07.2019 dismissed all the three SLPs filed by the petitioner holding that the Court is not inclined to interfere in the matters.

After dismissal of the SLPs, the petitioner filed review petitions before the High Court on the ground that the judgment of the High Court dated 26.02.2019 suffers from error apparent on the face of the record as it had not taken into consideration the amendments made to Arbitration and Conciliation Act, 1996 by Amendment Act of 2015. The said review petitions came to be dismissed by the High Court vide the impugned orders.

The appellant in the instant case challenged the order passed by the High Court of Meghalaya at Shillong in and by which the High Court declined to entertain the review petitions filed by the petitioner seeking review of the judgment and order on the ground that no ground for review is made out and that there is a delay in filing the application for review.

Justices R. Banumathi,  Indu Malhotra, and Aniruddha Bose observed that while dealing with the appeal under Section 37 of the Act, the High Court has considered the matter at length, and held that while interpreting the terms of the contract, no reasonable person could have arrived at a different conclusion and that the awards passed by the arbitrator suffer from the vice of irrationality and perversity.

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BJP-led Mahayuti surges ahead in BMC polls as Thackerays lose Mumbai stronghold

The BJP-led alliance has taken a strong lead in the BMC elections, signalling a major political shift in Mumbai as counting continues across Maharashtra.

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The BJP-led alliance is heading towards a decisive victory in the Brihanmumbai Municipal Corporation (BMC) elections, dealing a major blow to the Thackeray cousins’ long-standing control over Mumbai’s civic administration. Early trends from the ongoing vote count show the ruling alliance opening a clear lead in the country’s richest municipal body.

With results still being tallied, the BJP-led bloc is ahead in 115 wards of the BMC. Of these, the BJP is leading in 86 wards, while Chief Minister Eknath Shinde’s Shiv Sena has an edge in 29 wards.

In contrast, the Thackeray cousins appear to be struggling to retain their grip on the civic body they once dominated for decades. Together, they are leading in 77 wards, with Uddhav Thackeray’s Shiv Sena (UBT) ahead in 71 wards and Raj Thackeray’s Maharashtra Navnirman Sena (MNS) leading in six.

High-stakes election after nine-year gap

The BMC elections were held after a nine-year gap, following a four-year delay, making the contest one of the most closely watched civic polls in Maharashtra. Over 1,700 candidates were in the fray for 227 seats in Mumbai alone. The BMC’s annual budget exceeds Rs 74,400 crore, underscoring the political and financial significance of the results.

In the 2017 elections, the undivided Shiv Sena, which then included Eknath Shinde, had retained control of the BMC, continuing its decades-long dominance.

BJP ahead across Maharashtra civic bodies

The BJP’s strong showing is not limited to Mumbai. Across 29 municipal corporations in Maharashtra, early trends indicate that the party is leading overall. Combined figures show the BJP ahead in 909 wards, while its ally, the Shinde-led Shiv Sena, is leading in 237 wards.

In the party-wise standings, the Congress is placed third with leads in 179 seats, largely from Bhiwandi-Nizampur, Nagpur and Kolhapur. The Shiv Sena (UBT) follows with 118 seats, closely trailed by Ajit Pawar’s NCP, which is leading in 112 wards.

Pune also tilts towards BJP

Pune has emerged as another key battleground, especially as rival factions of the Nationalist Congress Party, led by Ajit Pawar and Sharad Pawar, joined hands for the civic polls. Despite the alliance, the BJP is leading in 52 seats in Pune, while the combined NCP factions are ahead in seven seats.

Large-scale polling across the state

Polling for 2,869 seats across 893 wards in the 29 civic bodies was held on Thursday. Around 3.48 crore voters were eligible to cast their ballots, deciding the political fate of 15,931 candidates, including those contesting in Mumbai.

Besides Mumbai and Pune, counting is underway in several other municipal corporations, including Navi Mumbai, Thane, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Vasai-Virar, Mira-Bhayandar, Solapur, Kolhapur and Aurangabad, among others.

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International Bihar and Purvanchal Festival to be held in Sydney on March 22

Praveen Kumar reiterated, “The land of Bihar produces gold. Such a region cannot remain poor. What is needed is collective effort, work in the right direction, and the creation of opportunities for the people.”

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With the objective of providing a new global direction to development, investment, and opportunities in Bihar and the Purvanchal region, the International Bihar and Purvanchal Festival will be organised on March 22, 2026, in Sydney, Australia. This was announced by Praveen Kumar, the chief organiser of the event, during a press conference held in Patna on January 15.

Praveen Kumar said several prominent personalities from India and abroad, along with representatives from industry, policymakers, and members of the Indian diaspora, will participate in the Sydney event.

On this platform, the vision of a “Developed Bihar and Purvanchal” will be formally launched, and a concrete roadmap for Bihar’s overall development will be deliberated upon. He said the festival is not merely a cultural event but a global platform to mobilise international cooperation, investment, and policy-level support for Bihar.

“We will extend support at every level for the development of Bihar and Purvanchal and create opportunities that enable better utilisation of local talent and resources,” Praveen Kumar said.

Referring to his earlier remarks made during a podcast, Praveen Kumar reiterated, “The land of Bihar produces gold. Such a region cannot remain poor. What is needed is collective effort, work in the right direction, and the creation of opportunities for the people.”

It was also informed during the press conference that the Sydney event will feature special sessions on investment, education, skill development, culture, and diaspora engagement for Bihar. The objective is to highlight that Bihar is not only rich in potential but also capable of providing leadership on the global stage.

According to the organisers, the festival will prove to be a significant step towards giving Bihar a new international identity.

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PM Modi urges people to read Tirukkural on Thiruvalluvar Day

Prime Minister Narendra Modi on Thiruvalluvar Day appealed to people to read the Tirukkural, calling it a reflection of the humane and harmonious ideals of Tamil philosopher-poet Thiruvalluvar.

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Prime Minister Narendra Modi on Friday urged people across the country to read the Tirukkural, highlighting its enduring relevance and the intellectual legacy of Tamil philosopher-poet Thiruvalluvar.

Marking Thiruvalluvar Day, which coincides with the Pongal celebrations every year, the prime minister paid tribute to the revered scholar, describing him as a symbol of harmony, compassion and Tamil cultural excellence.

In a message shared on social media platform X, Modi said Thiruvalluvar’s works and ideals continue to inspire countless people even today. He noted that the philosopher envisioned a society rooted in compassion and balance.

The prime minister encouraged citizens to engage with the Tirukkural, a classical Tamil text that deals with various aspects of human life, ethics and governance, calling it a window into the profound intellect of Thiruvalluvar.

Thiruvalluvar Day is observed annually to honour the philosopher-poet, whose literary contributions remain central to Tamil culture and thought.

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