Topic

Section 36

2 articlesLatest May 2026
Section 36(3) Arbitration Act | Arbitrator Bias Does Not Constitute Fraud for Unconditional Stay; Conditional Stay Granted on Security Deposit : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 36(3) Arbitration Act | Arbitrator Bias Does Not Constitute Fraud for Unconditional Stay; Conditional Stay Granted on Security Deposit : Calcutta HC

The Calcutta High Court ruled that arbitrator bias, even with public evidence like attendance at events, does not meet the threshold of 'fraud' under Section 36(3) of the Arbitration Act to warrant an unconditional stay of a ₹765.78 crore award. The court granted a conditional stay pending deposit of security, setting a precedent on the narrow interpretation of fraud in arbitration enforcement.

Section 36 Bombay Public Trusts Act | Purchasers Entitled to Refund of Proven Payments Only, Not Speculative Claims : Bombay HC
Case Law Analysis
|Bombay High Court

Section 36 Bombay Public Trusts Act | Purchasers Entitled to Refund of Proven Payments Only, Not Speculative Claims : Bombay HC

Bombay High Court clarifies that while charity commissioners may refuse sale sanction for procedural lapses under Section 36 of the Bombay Public Trusts Act, purchasers are entitled to a refund limited to proven payments made, excluding speculative or unproven claims. The ruling balances trust property protection with equitable relief for bona fide purchasers.

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