Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
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