Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Disputed questions of fact like service of notice etc. are best left to the arbitral tribunal to decide...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside of - Scope of interference - Held, normally scope of interference with respect to an award passed by an arbitrator is very limited - Award can be set aside only if it attracts any of the grounds enumerated in S.34 of the Conciliation Act, 1996 - But that pre-supposes an award passed in..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside of - Arbitrator held only hearing and on that date itself appellant filed his reply - No points for settlement or issues were framed - Appellant was not given opportunity to cross-examine witnesses - He was denied opportunity to produce evidence - Held, complete go bye was given to..........
Punjab Co-operative Societies Act, 1961, Section 56, Arbitration and Conciliation Act, 1996, Section 34, Punjab Courts Act, 1918, Section 24 -- Arbitral award - Challenge to - Award passed by arbitrator appointed u/s.56 of the Co-operative Societies Act - Held, appellant has remedy to file an application u/s 34 of the Arbitration Act, 1996 before District Judge against..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Demand to appoint arbitrator - Failure to appoint arbitrator till filing of application u/s 11(6) of the Act - Such a party forfeits its right to appoint an arbitrator - Court should exercise its jurisdiction u/s 11(6) of the Act - Appointment of arbitrator by such a party during pendency of proceedings u/s 11(6) of..........
Arbitration and Conciliation -- Arbitral proceedings - Expected matter - Objection as to - Appellant raised objection before District Judge to the effect that Arbitrator had no jurisdiction to pass award being "excepted matter" - Said objection never raised by him before Arbitrator - Held, since objection has not been raised before Arbitrator, therefore, same could not be..........
Indian Penal Code, 1860, Section 405, 406, 415, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of proceedings - Petitioner-rice millers cannot seek quashing only on the ground that they have entered into an agreement with one or other procuring agencies or that no, delivery, shortage of delivery or delivery of poor quality of..........
Civil Procedure Code, 1908, Section 151 -- Arbitral award - Challenge thereto - Exercise of inherent powers - Held, once a decree is passed the award becomes final and it cannot be challenged by any procedure other than by resort to Arbitration Act - Court has no inherent power in such a situation...........
Haryana Co-operative Societies Act, 1984, Section 114, Arbitration and Conciliation Act, 1996 -- Arbitral award - Appeal before Registrar Co-operative Societies - Maintainability - Held, appeal is not maintainable against arbitration award, which is primarily being governed by Arbitration Act and not by Co-operative Societies Act - Petitioner may invoke its remedy against..........
Arbitration and Conciliation Act, 1996, Section 11(6), 13, 15 -- Arbitrator - Appointment - Arbitration clause that sole arbitrator would be ED(NR) or his nominee and no one else - It is not open to either of the parties to unilaterally appoint any arbitrator for resolution of the dispute...........
