Showing : 71-80 of 1289 Results

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(3)-- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter',..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34, 16(2)-- Arbitral award - Setting aside - Objection as to jurisdiction - Can be raised u/s 34 of the Act, even if no such objection was raised u/s 16 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Legal plea - Objection as to legal plea can be raised even without there being a formal pleading...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7, 11-- Arbitration agreement - Work contract - Agreement entered into between parties not intended to make arbitration clause as a part of contract between parties - There is no independent arbitration agreement between parties either - Remedy under the Act for appointment of arbitrator rightly not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Invocation of SARFAESI Act - Merely because remedy under Arbitration and Conciliation Act was invoked, is no ground to debar respondent from taking recourse to SARFAESI Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 36-- Arbitral award - Enforcement - Award is to be enforced in accordance with provisions of CPC in the same manner as if it were a decree - However, award itself is not a decree of civil Court, it is thus, enforcement mechanism which is akin to enforcement of a decree...........

Showing : 71-80 of 1289 Results