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    <title>2024 (4) TMI 557 - Supreme Court (LB)</title>
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    <description>Curative jurisdiction under Article 142 remains exceptional and is available only to prevent abuse of process or a grave miscarriage of justice; on that standard, the petition was held maintainable. In arbitration review, a domestic award may be treated as patently illegal where the tribunal adopts an unreasonable contractual construction, ignores vital evidence, or fails to address a material phrase. The award here was found to have equated completion of cure with taking of effective steps, rendering the contractual wording otiose, and to have overlooked key material concerning the joint application and the statutory role of the Commissioner. The award was therefore held vulnerable to correction and the earlier judgment restoring it was recalled.</description>
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    <pubDate>Wed, 10 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (4) TMI 557 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=751376</link>
      <description>Curative jurisdiction under Article 142 remains exceptional and is available only to prevent abuse of process or a grave miscarriage of justice; on that standard, the petition was held maintainable. In arbitration review, a domestic award may be treated as patently illegal where the tribunal adopts an unreasonable contractual construction, ignores vital evidence, or fails to address a material phrase. The award here was found to have equated completion of cure with taking of effective steps, rendering the contractual wording otiose, and to have overlooked key material concerning the joint application and the statutory role of the Commissioner. The award was therefore held vulnerable to correction and the earlier judgment restoring it was recalled.</description>
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