Arbitration Act, 1940, Section 10(1), 10(2) -- Arbitration clause as to appointment of three arbitrators - One to be nominated by each party and the two nominated arbitrators to appoint Chairman and decision of majority will be binding - Held, third umpire is not umpire - Case falls under S.10(2)...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Receiver - Provision can be applied to partnership firms - For just and convenient reasons Court can appoint a Receiver - Before ordering the appointment of Receiver it is obligatory upon the plaintiff to show a good prima facie case to justify the appointment of Receiver - Where the defendant in a suit for..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Court has to implement the procedure agreed upon between the parties - Court cannot appoint an independent arbitrator at first instance...........
Arbitration and Conciliation Act, 1996, Section 11(9) -- `May' - Meaning - Applicant foreign national - Respondent Indian National - It is not mandatory for Court to appoint an arbitrator belonging to nationality of either of parties to dispute - `May' in S.11(9) is not intended to be read as `must' or `shall'...........
Civil Procedure Code, 1908, Section 51(d), Order 21, Rule 50, Civil Procedure Code, 1908, Order 40, Rule 1 -- Decree against firm - Execution - There is no bar for the Court to invoke powers U.O.40.R.1 to appoint receiver to proceed against the property of the firm...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- If one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days - If the opposite party makes an appointment even after 30 days of the demand, but..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of receiver suo motu in writ proceedings - Lower Courts rejected prayer for interim relief pending suit and dismissing application on merit - High Court in writ petition appointed Receiver suo motu though none of the parties asked for it - Improper - Power to appoint Receiver suo motu cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Witness - Examination by Commissioner - Application for appointment of Commission to examine witness on the ground of inability of witness to attend Court because of illness - No medical certificate filed that witness is bedridden and not able to move - Allowing of application by lower Court in the absence of such medical..........
Punjab Co -- operative Societies Act, Section 19(2) - A substantive provision which gives right to every member of a co - operative society to exercise the right to vote personally - All other Rules framed under the Act or Bye-laws of the Society must fall in conformity to this provision - Managing Committee of a Co - operative Society is competent to appoint, in terms of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - AIR 1965 Orissa 20 followed wherein held that: Court should not appoint a receiver of property in the possession of the defendant who claim it by legal title, unless the plaintiff can show prima facie that he has a strong case and good title to the property - Court must consider whether special..........
