Showing : 141-150 of 472 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151-- Arbitral award - Challenge thereto - Exercise of inherent powers - Held, once a decree is passed the award becomes final and it cannot be challenged by any procedure other than by resort to Arbitration Act - Court has no inherent power in such a situation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Haryana Co-operative Societies Act, 1984, Section 114, Arbitration and Conciliation Act, 1996-- Arbitral award - Appeal before Registrar Co-operative Societies - Maintainability - Held, appeal is not maintainable against arbitration award, which is primarily being governed by Arbitration Act and not by Co-operative Societies Act - Petitioner may invoke its remedy against this award as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and issued cheque..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1-- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on mixed question of law and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 107, Order 41-- Arbitration award - Objections - Power of Court while entertaining an application u/s 34 of the Act is akin to the appellate jurisdiction so as to find out whether the award is liable to be set aside on any one or more grounds specified in S.34 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Co-operative Societies Act, 1961, Section 56, Punjab Co-operative Societies Rules, 1963, Rule 72-- Embezzlement of funds - Arbitration proceedings - Award - Recovery of money - Auction sale - Failure to deposit 75% of bid amount by Bank within 15 days from date of auction - No right, title or interest in land has passed to Bank - Auction proceedings would remain inchoate till date - Appellants..........
KERALA HIGH COURT
Year of decision: 2012
Details
Telegraph Act, 1885, Section 7B, Arbitration and Conciliation Act, 1996, Section 34-- Arbitration award u/s 7B of Telegraph Act - Cannot be challenged u/s 34 of Arbitration Act - Can be challenged under Article 226 Constitution of India...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34-- Award - Setting aside of - Duty of Court - Held, trial Court cannot sit as Court of Appeal over the award of arbitrator - Trial Court cannot examine merits of claim by examining evidence and material on record - In present case, arbitrator, who was a technical expert, after examining material on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34, 16(2)-- Award - Setting aside of - Objection regarding jurisdiction - Held, S.16(2) of the Act clearly stipulates that objection regarding jurisdiction of arbitrator has to be raised not later than the submission of statement of defence - In instant case, no such objection was raised by Miller before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34-- Award - Setting aside of - No claim regarding supply of rice not conforming to specifications falling within purview of Clause 6(i) of agreement which is excepted from purview of arbitrator - PUNSUP did not claim recovery of one and half times of economic cost of paddy and rather claimed only cost..........

Showing : 141-150 of 472 Results