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Thursday, May 29, 2008

Result of participation in a proceedings without showing protest or objection

State Bank of India vs. Ram Das : (2003) 12 SCC 474
It is an established view of law that where a party despite knowledge of the defect in the jurisdiction or bias or malice of an arbitrator participated in the proceedings without any kind of objection, by his conduct it disentitles itself from raising such a question in the subsequent proceedings. What we find is that the appellant despite numerous opportunities made available to it, although it was aware of the defect in the award of the umpire, at no stage made out any case of bias against the umpire. We, therefore, find that the appellant cannot be permitted to raise the question of bias for the first time before this Court.
Union of India vs. S. Vinodh Kumar : (2007) 8 SCC100 has held :-
It is also well settled that those candidates who had taken part in the selection process knowing fully well procedure laid down therein were not entitled to the same.

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