Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Nominal Index:National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw (HP) 78Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw (HP) 79Suresh Kumar Vs State of H.P 2024 LiveLaw (HP) 80Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw (HP) 81Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw (HP) 82Judgments/Orders:Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation ActCase Title: National Highways Authority of India vs. Devi Ram & OthersCitation: 2024 LiveLaw (HP) 78The Himachal Pradesh High Court bench of Justice Virender Singh reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Courts may only interfere if the award exhibits patent illegality or arbitrariness that goes to the root of the matter.Petition Filed After Expiry Of Limitation Period U/S 34(3) Of Arbitration Act Cannot Be Entertained Unless Sufficient Cause Is Shown: Himachal Pradesh HCCase Title: Engineer-in-Chief & Ors. Versus Dev RajCitation: 2024 LiveLaw (HP) 79The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua held that petition under section 34 of the Arbitration Act cannot be entertained which is filed beyond the prescribed period of 3 months under section 34(3) of the Act in the absence of sufficient cause being shown.Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HCCase No. : Suresh Kumar Vs State of H.PCitation: 2024 LiveLaw (HP) 80A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules.Award Suffers From Patent Illegality When Adjudication Is Done Without Giving Any Reasons: Himachal Pradesh High CourtCase Title: Ashok Thakur v. State of Himachal Pradesh and Anr.Citation: 2024 LiveLaw (HP) 81The Himachal Pradesh High Court bench of Justice Satyen Vaidya, while a Section 34 petition, has held that when an award has been found to be rendered without giving any reasoning regarding the adjudication of the disputes, the said award suffers from patent illegality apparent on the face of the award, and liable to be set aside.Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High CourtCase Title: Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' ForumCitation: 2024 LiveLaw (HP) 82The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case.

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

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