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..........
Arbitration and Conciliation Act, 1996, Section 49, 47 -- Enforcement of Foreign award - Errors of judgment are not sufficient ground for refusing enforcement of a foreign award...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Foreign award - Enforcement of - Foreign awards are not decrees of an Indian civil Court and after it is granted recognition and enforcement u/s 48 of the Act, would be deemed to be a decree of that Court, which has adjudicated upon petition filed u/ss 47, 49 for limited purpose of enforcement ...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Limitation - Period of limitation or filing petition for enforcement of a foreign award u/ss 47, 49 of the Act, would be governed by Art.137 of the Act, which prescribes a period of 3 years from when right to apply accrues...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
