Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government Award |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | ARBITRATION AND CONCILIATION ACT, 1996: s. 37 — Appeal against order rejecting objection u/s 34 - Applicability of Code of Civil Procedure — Held: Award has the potentiality of enforcement — Therefore, when an appeal is filed against rejection of objection preferred u/s 34, enforceability of award gains absolute ground — When it is challenged in an appeal u/s 37, the underlying principle of Code of Civil Procedure is applicable — Code of Civil Procedure, 1908 - O. 41, r. 5.CODE OF CIVIL PROCEDURE, 1908: O. 27, r. 8B and r BA r/w O. 41, r. 5 — ‘Government’ -— Connotation of — Appeal by Jal Sansthan against order rejecting objection u/s 34 of Arbitration and Conciliation Act — High Court, on an application for stay, directing appellant to deposit entire award amount — Plea that such a condition could not have been imposed on government organization like appellant — Held: Legislature has defined the term “Government” so as not to allow any room for interpretation and speculation — It means either a Central Government or a State Government and in certain cases public officer in the service of a State — Legislature has deliberately used a restrictive definition and its scope cannot be expanded to cover an agency or instrumentality of State by interpretative process -It cannot be accepted that appellant Jal Sansthan would come within the extended wing of the Government - However, order of High Court modified and appellant directed to furnish security for entire award amount — Interpretation of statutes — Restrictive construction — Constitution of India, 1950 - Art. 12. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 900 |
Petitioner | Kanpur Jal Sansthan & Another |
Respondent | M/s. Bapu Construction |
SCR | [2014] 1 S.C.R. 64 |
Judgement Date | 2014-01-03 |
Case Number | 26 |
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