Showing : 471-480 of 1212 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 11(5)-- Arbitrator - Appointment - Existence of arbitration agreement questioned - Plea of transgression of limits of authority by the person executing the agreement - Nothing on record to suggest that any action was indeed taken against such person for the alleged transgression of the limits of his..........
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 Act, 1940, Section 8(2)-- Arbitrator - Appointment by Court - Not challenged and allowed to attain finality - Order challenged after award made and award made a rule of Court - Rule of finality comes into play in regard to the order appointing arbitrator...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration Act, 1940, Section 8(2), 14, 30, 33, 39-- Arbitrator - Appointment by Court after adjudication that there was an arbitration agreement - Appointment of arbitrator not challenged - Award by arbitrator not a nullity...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(6), 17, 34, 35, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97-- Secured assets - Leasehold rights transferred to assignee of secured creditor in auction sale - Held, assignee cannot be dispossessed in execution of decree against lessee in pursuant to arbitration award passed in dispute between lessor and lessee - Decree qua assignee cannot be executed - Decree..........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26-- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect..........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 11(8)-- Appointment of arbitrator in technical field - S.11(8) of he Act is not a bar for the appointment of an appropriate person, other than an expert in the technical field, as arbitrator, even in a case where expert opinion is required for resolving the dispute...........
THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2010
Details
Consumer Protection Act, 1986, Section 3, Punjab Cooperative Societies Act, 1961, Section 55-- Additional remedy - Arbitration - Plea that the complainants had become members of the Society therefore in view of Section 55 of 1961 Act the dispute between the Members and the Society is to be referred to Arbitration repelled - Held that even where there is a provision for arbitration, where..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 37, 9-- Appeal against order granting or refusing interim relief - Period of limitation is 90 days from the date of decree or order as envisaged under Article 116(a) of Limitation Act - Delay of twenty three days in filing appeal - Barred by limitation...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Rajasthan Arbitration Rules, 2003, Rule 11-- Appeal against order granting or refusing interim relief - Period of limitation is 90 days from the date of decree or order as envisaged under Article 116(a) of Limitation Act - Delay of twenty three days in filing appeal - Barred by limitation...........

Showing : 471-480 of 1212 Results