Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-12-14 disposed

State of Jharkhand & Ors vs Hindustan Construction Co. Ltd

Bench: 5 — Dipak Misra

In Brief

The Supreme Court addressed whether it can entertain applications to make an arbitral award a rule of the court when it appointed the arbitrator and retained seisin over proceedings. The Court held that it cannot assume original jurisdiction merely by retaining control. The court competent to entertain the original reference has jurisdiction over objections to the award. A superior court's appointment of an arbitrator or issuance of directions does not vest it with power to hear objections as the original court, and doing so would unlawfully deprive litigants of their statutory right to appeal. The Supreme Court's original jurisdiction is limited to what the Constitution grants under Articles 32 and 131.

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Arbitration Jurisdiction Original Jurisdiction of Supreme Court Award Civil Procedure

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