Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Right to do business - Restriction thereon - Held, franchisor is definitely bound by agreement and also franchisee - But if agreement itself restrict and define exclusive area, then in that case, the submission that franchisor is not permitted to open any other salon in any other area within the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........
Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983, Section 7 -- Works contract - Termination - Reference of dispute to M.P. Tribunal or to an independent arbitrator under Arbitration and Conciliation Act, 1996 - Held, it will depend upon factum whether works contract is existing between parties or not out of which dispute has arisen - In case, works contract itself has..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 4 -- Arbitration award - Setting aside - Limitation - Three months - Court can entertain application within further period of 30 days - If Court remains closed when period of 30 days expires then application to set aside arbitration award cannot be filed on the day Court opens - S.4..........
Consumer Protection Act, 1986, Section 3, Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration clause - Does not oust the jurisdiction of Consumer Forum - If a complaint is filed under the Consumer Act in the first instance then a consumer cannot be denied relief by invoking S.8 of Arbitration and Conciliation Act, 1996...........
Arbitration and Conciliation Act, 1996, Section 42 -- Arbitration agreement - Jurisdiction of Court - Filing of future applications - Held, jurisdiction of a Court has to be duly invoked by a party and if the jurisdiction of a Court is found to have been invoked erroneously, future applications in respect of the arbitration agreement in question would not lie in that Court..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitration - Independent arbitrator - Power of Chief Justice/Designate - Held, it is true that in normal circumstances while exercising jurisdiction u/s 11(6), Court would adhere to terms of agreement as closely as possible - But if circumstances warrant, Chief Justice or nominee of Chief Justice is not..........
Arbitration and Conciliation Act, 1996, Section 34 -- Objection petition - Territorial jurisdiction - There was contract between parties executed in Haryana - Bank guarantee was furnished by petitioners - Bank guarantee was obtained from bank at Delhi but furnished in Haryana - Petition u/s 9 of the Act filed by petitioner at Delhi dismissed as infructuous on request of..........
Indian Penal Code, 1860, Section 405,406,420 -- Prosecution for an offence under the agreement - Arbitration clause in agreement for referring the dispute to arbitration - Held, arbitrator cannot conduct a trial of any act which amounts to an offence albeit the same act may be connected with the discharge of any function under the agreement. (1999(8) SCC 686 followed) ...........
Arbitration and Conciliation Act, 1996, Section 8 -- Appointment of arbitrator - Ordinary Civil Court cannot be approached for mere purpose of appointing an arbitrator - Court gets jurisdiction to refer the parties to arbitration (where there is an arbitration agreement) only if an action is pending before the Court...........
