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..........
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..........
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 part of applicant to take..........
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...........
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...........
Arbitration and Conciliation Act, 1996, Section 9, 14, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 36 -- Contract - Arbitration clause - One of the parties terminating contract permanently - Court can grant interim injunction directing continuance of contract pending arbitration proceedings...........
Arbitration and Conciliation Act, 1996, Section 9, 14, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 36, 41 -- Contract - Breach - Injunction - Termination of contract before its expiry - Court can grant interim injunction directing continuance of contract - However, in the instant case interim injunction refused as damages which may..........
