https://www.taxtmi.com/caselaws?id=248308 An arbitral award was held unsustainable because the dispute, when examined on the substance of possession, control and contractual terms, was found to involve a leave and licence arrangement rather than a matter within the tribunal's authority as dealt with. The Court held that nomenclature was not decisive and that the real nature and quality of occupation had to be assessed. It further ruled that the jurisdictional objection went to the root of the matter and was not defeated by waiver or estoppel. The award was interfered with in supervisory jurisdiction under the Arbitration and Conciliation Act, 1996 and set aside for want of jurisdiction, leaving the parties to pursue other remedies in law. en-us Mon, 10 Jun 2013 00:00:00 +0530 Mon, 09 Jun 2014 13:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=248308 An arbitral award was held unsustainable because the dispute, when examined on the substance of possession, control and contractual terms, was found to involve a leave and licence arrangement rather than a matter within the tribunal's authority as dealt with. The Court held that nomenclature was not decisive and that the real nature and quality of occupation had to be assessed. It further ruled that the jurisdictional objection went to the root of the matter and was not defeated by waiver or estoppel. The award was interfered with in supervisory jurisdiction under the Arbitration and Conciliation Act, 1996 and set aside for want of jurisdiction, leaving the parties to pursue other remedies in law. Case-Laws Indian Laws Mon, 10 Jun 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=248308