Introduction In the evolving landscape of arbitration in India, a recurring challenge revolves around the delicate balance between upholding the finality of arbitral awards and ensuring that such awards remain within the bounds of the underlying contract and the law. Courts frequently grapple with appeals that question whether arbitrators have exceeded their jurisdiction or awarded reliefs that are not expressly […]
Introduction In the intricate tapestry of law, certain threads are woven with a purpose so fundamental they underpin the very fabric of society. “Public policy” is one such thread, an overarching principle that, at its heart, serves as a societal compass, guiding legal systems to invalidate agreements or actions detrimental to the common good. Think of it as an invisible […]
Introduction The Supreme Court of India finds itself at a crucial juncture, tasked with resolving a significant judicial inconsistency that impacts the enforcement of civil decrees. The core of the matter lies in the divergent interpretations of Order XXI Rule 97 of CPC1, a provision designed to address resistance or obstruction during the execution of a decree. This conflict, brought […]