Showing : 31-40 of 42 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Arbitration and Conciliation Act, 1996, Section 9, 11-- Arbitration award - Objections - Arbitrator meticulously examined claims of contractor under each separate head - No reason to interfere except on the rates of interest and on the quantum awarded for letting machines of contractor remaining idle - Interest reduced from 18% to 9% for..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9(ii)(c), 9(ii)(d), 9(ii)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, 11, Civil Procedure Code, 1908, Order 40, Rule 1-- Partnership firm - Unregistered - Bar of S.69 (1) & (2) Partnership Act is not attracted for enforcement of partner's right to sue for dissolution of firm or for rendition of accounts - Where partnership agreement contains arbitration clause, partner is entitled to move Court with application for..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Arbitration and Conciliation Act, 1996, Section 9, 17-- Bank guarantee - Encashment - Injunction - Can be granted only in exceptional cases i.e. in case of fraud or in case of irretrievable injustice - Fraud should be of 'egregious nature as to vitiate the entire underlying transaction - It is fraud of the beneficiary and not fraud of somebody else...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9-- Arbitration application by a partner of unregistered firm or by a person not shown as partner in Register of Firms - Section 69 of Partnership Act has no bearing on right of a party to an arbitration clause to file an application u/s 9 of Arbitration Act...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Arbitration and Conciliation Act, 1996, Section 9-- Receiver - Application for appointment - Dispute among 12 persons who are, or are alleged to be or claim to be partners in a firm - Partners grouped into three groups `A', `B' & `C' - Complaints by members of group `A' of violating their rights at the hands of group `B' - Application filed under..........
DELHI HIGH COURT
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 9, Contract Act, 1872, Section 7, 10-- `Contract' - Acceptance of terms of agreement by the parties is a must before it takes force of a contract - A unilateral letter written by a party will not constitute variance in the terms of contract nor it will constitute a fresh contract - Terms of a contract can be changed in the same manner..........
DELHI HIGH COURT
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 9, Specific Relief Act, 1963, Section 14-- Contract - Termination - Appointment of Arbitrator - Reference of dispute to arbitrator arising out of the contract - Petitioner alleging termination of contract illegal - Respondent justifying it - These questions were subject matters of reference to be decided by the Arbitral Tribunal - Grant of..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 9-- Scope - Interim order by Court even before arbitration proceedings commence - A party to an arbitration agreement can approach Court for interim relief even before arbitration proceedings - Notice to opposite party invoking arbitration clause not necessary before application u/s 9 - Intention on..........
DELHI HIGH COURT
Year of decision: 1997
Details
Arbitration and Conciliation Act, 1996, Section 9, Civil Procedure Code, 1908, Order 11, Rule 12, 14-- Application U.O.11.Rr.12, 14 CPC - Such application is not maintainable in the proceedings under Section 9 of Arbitration and Conciliation Act...........
GUJARAT HIGH COURT
Year of decision: 1995
Details
Arbitration Act, 1940, Section 34, Civil procedure Code, 1908, Section 9-- Arbitration clause in agreement governing contractual obligations - Jurisdiction of Civil Court not impliedly barred on account of existence of arbitration clause in contract - Proceeding of suit be stayed under S.34 Arbitration Act...........

Showing : 31-40 of 42 Results