Bombay HC: arbitrational assembly cannot apply law principles against public body

Bombay judicature overlooked the arbitration award against the Board of management for Cricket in Asian nation (BCCI) over it terminating Deccan Chargers from Indian Premier League (IPL) & declared that an arbitrational assembly cannot apply law principles on fairness and reasonableness.

The intercessor (retired Supreme Court decide, Jusctice CK Thakker) applied law principles to hold BCCI responsible and declared that the body had discriminated against Deccan Chargers.

It was held that since BCCI was acting public functions despite it not being a State beneath Article 12 of the Constitution, it had the overall law duty to act fairly.

The judicature Bench comprising of Justice Gautam Patel declared that it had been immaterial whether or not BCCI was a ‘State’ or not or whether or not it had been acting ‘public functions’, as in an exceedingly personal contract law duty can not be implemented.

“The law duty to act fairly can’t be imported into a contract by a personal law arbitrational assembly to effectively alter its terms therefore on produce an obligation on the questionable public-duty party that the contract does not conceive of.”, noted the court .

“A judicial writ court might hold against a public body on a law principle or by invoking Article 14; however an intercessor, unnatural as he or she is by the contract, has no such power.”, Justice Patel declared.

Private law certain tribunals cannot hold a public body responsible on the principles beneath Article 14 of the Constitution, added by Justice Patel.

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