Case Reference
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SLP(C) No.15684 of 1999 decided on November 5, 1999
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Judges :
Justice S.B.Majmudar and Justice D.P.Mohapatra
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Parties :
Babar Ali(Petitioner)Vs. Union of India and others(Respondents).
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Question of Law :
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| Whether the Act of 1996 is ultra vires
the Constitution of India? |
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Gist of the Case:
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The Supreme Court of India held that
Act of 1996 was not unconstitutional and it does not in any
way offend the basic structure of the Constitution of India.
As per sub-section (5) of Section 16 of the Act of 1996 the
question of jurisdiction of the Arbitrator cannot be considered
by the courts before the passing of the award by the Arbitrator,
which cannot be a ground for submitting that such an award is
not subject to any judicial scrutiny. The award of the Arbitrator
can be challenged before the appropriate court as per the procedure
laid down in the Act of 1996.
The special leave petition was dismissed
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Citation :
(2000) 2 SCC 178
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