Showing : 461-470 of 1212 Results

CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Quashing of complainant sought on the ground that dishonoured cheque was a part of the claim in arbitration proceedings and hence controversy was civil in nature - Held, it would not per se prevent criminal Court to independently proceed irrespective..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Claim whether barred by res judicata - Does not arise for consideration in a proceeding u/s 11 of the Act - Such issues has to be examined by the arbitral tribunal - Limited scope of S.11 of the Act does not permit examination of the maintainability or tenability of a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Consideration of an application u/s 11 of the act does not extend to consideration of the merits of the claim or the chances of success of the claim...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Claim whether barred by limitation - Not to be decided in an application u/s 11 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award - Setting aside - Tenability of claim not examined under different heads and same not decided by assigning some reasons, howsoever briefly - Failure to do so constitute a valid ground for setting aside award...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 7, Sale of Goods Act, 1930, Section 5, Constitution of India, 1950, Article 229-- Acceptance of bid by competent authority for and on behalf of Government - Sufficient compliance of Article 229 of the Constitution - Signing of formal agreement optional and not sine qua non and its non signing by Director of Agriculture cannot lead to an inference that contract had not been..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 20-- Tender - Acceptance by authority subject to terms and conditions specified in the tender notice and acceptance letter - One of the clauses of tender providing for reference of any dispute arising out of or concerning the agreement to the arbitration of an Arbitrator nominated by the respondent -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 11(5)-- Arbitrator - Appointment - Existence of arbitration agreement itself questioned - Question whether or not an arbitration agreement exists between the parties will have to be answered for it is only if the answer to that question is in the affirmative that Chief Justice or his designate can pass an..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 16(1)-- Arbitrator - Jurisdiction - Proceedings initiated before a nominated arbitral Tribunal - Existence of arbitration agreement disputed - Held, Arbitral Tribunal can itself decide the issue in exercise of its powers u/s 16(1) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 16(1), 11-- Arbitrator - Jurisdiction - Power available to Arbitral Tribunal u/s 16 of the Act do not imply that the issue of existence of arbitration agreement can be or ought to be left to be determined by the Arbitral Tribunal even in case where one of the parties has filed a petition u/s 11 of the Act and..........

Showing : 461-470 of 1212 Results