https://www.taxtmi.com/caselaws?id=435453 Findings of fraud recorded by the Supreme Court in earlier winding-up proceedings were held binding in the later Section 34 challenge because they were necessary to that decision, involved the same parties and controversy, and attracted Article 141, Article 144 and res judicata. Section 34 was held to permit examination of fraud and public policy, including reliance on subsequent material and amendments where justice required. Applying those principles, the arbitral award was treated as arising from a transaction judicially found to be fraudulent from inception and was set aside for fraud, patent illegality and conflict with the public policy of India. en-us Fri, 17 Mar 2023 00:00:00 +0530 Mon, 20 Mar 2023 22:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=435453 Findings of fraud recorded by the Supreme Court in earlier winding-up proceedings were held binding in the later Section 34 challenge because they were necessary to that decision, involved the same parties and controversy, and attracted Article 141, Article 144 and res judicata. Section 34 was held to permit examination of fraud and public policy, including reliance on subsequent material and amendments where justice required. Applying those principles, the arbitral award was treated as arising from a transaction judicially found to be fraudulent from inception and was set aside for fraud, patent illegality and conflict with the public policy of India. Case-Laws Companies Law Fri, 17 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=435453