Showing : 1-10 of 12 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A-- ADR process - Procedure - Summarized...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89-- Failure to invoke Section 89 of the Code suo moto after completion of pleadings and considering it only after an application u/s 89 is filed is erroneous - Civil Court exercising power u/s 89 of the Code cannot refer a suit to arbitration unless all the parties to the suit agree for such..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89-- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC;..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Statute-- Interpretation - Where the words of the statute are clear and unambiguous, the provision should be given its plain and normal meaning, without adding or rejecting any words - Departure from the literal rule, by making structural changes or substituting words in a clear statutory provision, under..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89-- Cases suitable for ADR process are : (i) All cases relating to trade, commerce and contracts, including (a) disputes arising out of contracts (including all money claims); (b) disputes relating to specific performance; (c) disputes between suppliers and customers; (d) disputes between bankers and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A-- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A-- Scope - Court can direct the parties to opt for any of the five modes of alternative dispute resolution processes and on their option refer the matter - Said rule does not require the Court to either formulate the terms of settlement or make available such terms of settlement to the parties to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89(2)(c)(d)-- It is not necessary for the Court, before referring the parties to an ADR process to formulate or re-formulate the terms of a possible settlement - It is sufficient if the Court merely describes the nature of dispute (in a sentence or two) and makes the reference - There is some error in drafting..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A-- Provisions of Section 89 and Order 10 Rule 1-A CPC are not intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996 or the Legal Services Authorities Act, 1987...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A-- Provision of Section 89 CPC gives the jurisdiction to refer the ADR process and Order 10 Rules 1-A to 1-C lay down the manner in which the said jurisdiction is to be exercised - The scheme is that the Court explains the choices available regarding ADR process to the parties, permits them to opt..........

Showing : 1-10 of 12 Results