Showing : 381-390 of 1218 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 89, Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside of - Parties consented to reference of dispute to arbitrators in terms of S.89 CPC and thus arbitration agreement was not necessary - Appellants did not question order of reference, passed at their instance, till passing of award by Arbitrator - Grounds of challenge..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Arbitration and Conciliation Act, 1996, Section 8- - Eviction - Arbitration clause - Held, arbitration clause does not become defunct or inoperative merely because lease period under lease deed has expired...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Death of named arbitrator - Substitute arbitrator - Objection can be raised by the parties only if there is a clear prohibition or debarment in resolving the question or dispute or difference between the parties in case of death of the named Arbitrator or their no,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 7(3)-- Criminal proceedings - Arbitration agreement - Permissibility of - Held, even in a situation where there are express provisions allowing the Court to resort to arbitration under the Civil Procedure Code, the Supreme Court held that the provisions of Arbitration Act, cannot be in any way diluted..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 36-- Award becomes operative - Agreement determining right of parties - Extent of use - Held, while an award in respect of the properties would become operative as a decree of Court under S.36 of the Act, an agreement that determines the right of parties could be used only to the extent to which the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 8, 34-- Reference to arbitrator - Limitation - According to clause (xiv) of arbitration clause No.25, reference could be made within six months of receiving intimation regarding payment of final bill - Final payment of bill made on 30.06.2006 - Reference to arbitrator made on 05.12.2006 - Held, reference..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of Arbitrator - Bonafide disputes between parties - Within the scope of arbitration clause - Held, dispute be resolved through arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of Arbitrator - Plea that disputes are either belated or raised only to avoid liability under contract - Dispute arose in September, 2008 and present application for appointment of arbitration filed in February, 2009 - Held, petition cannot be said to be belated...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 7,34-- Arbitration agreement - Clause in agreement capable of two interpretations - View taken by arbitrator clearly possible if not plausible one - Not possible to say that arbitrator traveled outside his jurisdiction or view taken by him was against terms of contract - No reason for High Court to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 8-- Arbitration proceedings - Filing of claim - Held, S.8 of the Act does not require filing of original arbitration agreement - A duly certified copy thereof can also be annexed, which was filed in present case as copy placed on record is certified by office of Registrar of Firms and Societies - This..........

Showing : 381-390 of 1218 Results