Showing : 411-420 of 1218 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 3, Arbitration and Conciliation Act, 1996, Section 8-- Cause of action - Joinder of - Power of Court - Held, in cases where separate causes of action based on independent contracts are united in one suit and some of those contracts contain provision for arbitration while others do not, it is within power of Court to direct parties to arbitration with..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 34-- Award - Validity - Award of amount to appellant by arbitrator on account of doing extra work alleged to have been done under contract - Appellant never pleaded that he was asked to do the extra work in writing signed by Engineer-I, Charge - It is also not case of appellant that any written order..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 7, 11(6)-- Appointment of arbitrator - Arbitration agreement - Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement and shall be an agreement in writing - An arbitration agreement is in writing if it is contained in any of the clauses i.e...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Essential ingredients are : (1) The arbitration agreement must contemplate that the decision of the tribunal will be binding on the parties to the agreement; (2) that the jurisdiction of the tribunal to decide the rights of parties must be derived either from the consent of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - The existence of an arbitration agreement can be inferred from a document signed by the parties or exchange of e-mails, letters, telex, telegram or other means of telecommunication, which provide a record of the agreement...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration Act, 1940, Section 30, 33, Limitation Act, 1963, Section 3-- Arbitration award - Objections - Once plea of limitation is upheld, objections are liable to be rejected irrespective of the merits of objections...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration Act, 1940, Section 30, 33-- Arbitration award - Objections - Whether matter can be referred to Arbitration after receipt of payment of final bill without any objections - Held, Yes when (1) there is no restraint clause in the agreement that after receipt of the payment of final bill without any objections matter cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration Act, 1940, Section 30-- Arbitration award - Limitation Act, 1963, Art. 119 - Objections - Limitation - Limitation period is 30 days - Limitation starts from date of service of notice of filing of award in Court and not from date of knowledge of filing of award...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 31-- Arbitrator - Appointment - Arbitration cost - Supreme Court suggested some of the solutions to reduce the arbitration cost viz. (a) Institutional arbitration - Fee of arbitrator is fixed not by the Arbitrator themselves on case to case basis, but is governed by a uniform rate prescribed by the..........

Showing : 411-420 of 1218 Results