Showing : 511-520 of 1218 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Arbitration Act, 1940, Section 30, 33-- Award of damages - Assessment of damages @ 15% of the contract price, cannot be said to be excessive or not capable of being earned by person, if contract is allowed to be fulfilled - Even otherwise this plea is not available in view of fact that arbitrator is master of law and facts...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Arbitration Act, 1940, Section 30, 33, 20-- Arbitration award - Objections - Claim before arbitrator alleged to be time barred - Arbitrator entered reference in pursuance of reference u/s 20 of the Act - It was for the objector to raise the question of limitation before the Court dealing with application u/s 20 of the Act - Once the..........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 34(2)(i), 33(1)(e), 37-- Setting aside of exparte award - Arbitrator has no power to set aside exparte award - It is only Court which can set aside exparte award u/s 34(2)(i) of the Act - Order of Arbitrator refusing to set aside exparte award - No appeal lies against said order, not even u/s 37 of the Act...........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 25, 34-- Exparte award - Setting aside - An arbitrator appointed in terms of agreement between parties, cannot set aside an ex parte award after it is signed - An arbitrator appointed under the Act becomes functuous officio once he signs the award...........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Exparte award - Refusal to set aside - Order not appealable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5-- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case on merit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 34, 37-- Delay in filing objections to arbitrating award and delay of 385 days in filing appeal - Delay due to lapse on the part of the officials of the appellant - It is duty of court to protect public money from being squandered away by Corporation who are not looking after public interest seriously -..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 2(1)(b), 7-- Arbitration agreement - Absence of recital in the agreement as to which disputes were to be referred to the Arbitrator and not excluding certain claims/disputes from the purview thereof - Held, it must be presumed that the parties had agreed to submit to arbitration all disputes which have arisen..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 8, 11-- Arbitrator - Appointment - Valid arbitration clause in agreement - Arbitration clause invoked by issuing a notice for appointment of arbitrator - Thereafter suit for damages filed - Held, arbitration clause survives when invoked prior to filing suit for damages...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration Act, 1940, Section 30-- Where two views are possible, out of which arbitrator has legitimately taken one will not make the award perverse simply because other view was not taken by the arbitrator...........

Showing : 511-520 of 1218 Results