National Highways Act, 1956, Section 3G(5) -- Acquisition of land - Award under the Act - Challenge as to - Award made by Land Acquisition officer under Land Acquisition Act is in nature of an offer on behalf of Government hence, cannot be challenged by Government - On the other hand scheme of National Highways Act is that amount determined by competent authority under the..........
Arbitration and Conciliation Act, 1996, Section 11(6), National Highways Act, 1956, Section 3G(5) -- Appointment of arbitrator - Power being vested exclusively with Central Government to appoint an Arbitrator u/s 3G(5) of the Act, being a special enactment, application filed u/s 11(6) of the Act for appointment of an arbitrator was not maintainable - However, if Central..........
Arbitration and Conciliation Act, 1996, Section 14, 15 -- Termination of mandate of arbitrator - Waiver of right of extension of time period of Arbitrator by parties - Arbitrator was unable to complete arbitral proceedings within prescribed time in terms of arbitration agreement - Parties were not in agreement for extension to mandate of Arbitrator - More so, there is no..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Objection regarding validity of agreement - Can be raised before arbitrator, but with such plea respondent cannot maintain a suit for declaration and injunction - Trial Court rightly rejected interim injunction sought by respondent and same is erroneously reversed by Add. District Judge and..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Appellant appointed former Chairman cum Managing Director of Company itself as an arbitrator, who commenced arbitration proceedings - However, having regard to Fifth Schedule of 2016 Act, Chairman of company cannot be continued as arbitrator to adjudicate lis between parties - Appointment of..........
Arbitration and Conciliation Act, 1996, Section 85, 31(7)(b) -- Applicability of Act - Rate of interest - Proceedings in question commenced in 1999 and were conducted in accordance with Act of 1996, though agreement was earlier to date of coming into force of Act of 1996 - Provisions of arbitration Act 1940 including State Amendment to S.24 Para 7-A of said Act will have..........
Arbitration and Conciliation Act, 1996, Section 8 -- Acceptance of Letter of Award - Plea that arbitration clause would spring into being at the stage of Letter of Award acceptance, or it would be necessary to sign ultimate agreement which would then bring in arbitration clause contained therein - Held, not tenable - Even at stage of acceptance of Letter of Award, if..........
Arbitration and Conciliation Act, 1996, Section 8 -- For referring the parties to arbitration, conditions to be fulfilled are : (i) there is an arbitration agreement; (ii) a party to the agreement brings an action in the court against the other party; (iii) subject-matter of the action is the same as the subject-matter of the arbitration agreement; (iv) the opposite party..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Parties can be referred to arbitration in an application u/s 8 of the Act only if subject matter of suit is also same as subject matter of arbitration...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where parties have settled their differences and compromise the matter as per which parties have entered into a new arrangement, arbitration clause in prior agreement cannot be invoked in the dispute subsequently arising between parties - High Court erred in holding that existence of..........
