Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute relating to lease/tenancy - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country, having entered into a contract and since disputes have arisen under said document, same qualifies as an `International Commercial Arbitration' as..........
Arbitration and Conciliation Act, 1996, Section 34 -- Foreign award - Proceedings u/s 34 of the Act - Juridical seat of arbitration at London and arbitration agreement governed by English Law - Proceedings u/s 34 of the Act to challenge such award not maintainable...........
Arbitration and Conciliation Act, 1996, Section 47, 48 -- Foreign award - Enforcement of - Provisions of Ss.47, 48 of the Act can be invoked for enforcement of foreign awards...........
Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Arbitration proceedings - Recovery of losses - Tarpaulins were, undisputedly, disposed of after five year`s duration - It is natural that an item having self life of two years would get diminished to any extent after 5 years - Therefore, fixation of weight of per tarpaulin in above said notification of petitioner..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Petitioner running business over premises of respondent on commission basis - Possession of premises was not handed over to respondent by appellant as agreed between parties - Appellants held, rightly liable to pay damages - Damages as calculated by Arbitrator on basis of statement of accounts of..........
Arbitration and Conciliation Act, 1996, Section 16, Constitution of India, 1950, Article 227 -- Dismissal of application u/s 16 of Arbitration and Conciliation Act - Writ petition thereagainst can be entertained only if order passed is so perverse that only possible conclusion is that there is a patent lack in inherent jurisdiction - Patent lack of inherent jurisdiction..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Filing of a plaint on a cause qua which there is an arbitration clause, per se does not means that plaint is barred by any law - In such an eventuality defendant has to move appropriate application for referring the matter to Arbitrator - When defendant does not raise this plea at first..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Arbitration clause in purchase order different from arbitration clause in agreement - Arbitration clause in purchase order is for limited purpose of supply of produce - More specific details in the agreement - Arbitration clause in the agreement would govern parties and more particularly when..........
