Showing : 61-70 of 1283 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, 85-- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 3-- Schedule 1, R.4 - Disagreement between Arbitrators - Reference to Umpire - De novo hearing - Umpire do not start de novo hearing ipso facto - However, if a party makes an application for de novo hearing, Umpire is bound to allow the same, subject to condition that application is made at the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 3-- Schedule 1, R.4 - Reference to Umpire - De novo hearing - A party do have a right to call for de novo hearing subject to waiver of same by conduct...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 3-- Schedule 1, R.4 - Disagreement between Arbitrators - Reference to Umpire - De novo hearing - Appellant filed the application for reference to umpire at the stage when final arguments on the side of respondent is finished and date was fixed for final arguments of appellant - Such highly belated..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Permission to sue as indigent person - Plaintiff filed an application to sue as an indigent person after filing of suit - Documents on record shows that plaintiff sold various properties during pendency of suit - Plaintiff did not disclose the purpose for which he utilized sale proceeds -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, 31(5)-- Arbitral award - Setting aside - Limitation - Appellant accepted award being head of family on behalf of himself and his family under an acknowledgment, in terms of compliance of S.31(5) of the Act - Service of arbitral award on appellant thus, amounts to service on other appellants and they..........

Showing : 61-70 of 1283 Results