Interest Act, 1978, Section 3(i) -- Arbitration Act, 1940 - Arbitration award - Interest - Pre-reference period - Interest for pre-reference period can only be allowed if there was an agreement to that effect or if it was allowable under the Interest Act, 1978...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration award - Interest - Agreement between parties barred payment of interest - Bar operates not only against pre-reference period but also operates during pendente lite period...........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause contained in an independent document - Becomes an arbitration agreement only when reference is such as to make the arbitration clause in such document, a part of the contract - However, reference to the document in the contract should be such that shows the intention to..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause contained in another document - Reference to another document and incorporation of another document - Difference - In the former parties intend to adopt only specific portions or part of the referred document in contract and in the second case parties intend to incorporate..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Clause in a separate document - When reference to a document in a contract shows that document was not intended to be incorporated in entirety, then the reference will not make the arbitration clause in the document, a part of the contract, unless there is a special reference to the arbitration..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Clause in a separate document - Reference of that document in contract - To make the arbitration clause referred in that document a contract the reference should be a special reference indicating a mutual intention to incorporate the arbitration clause from another document into the contract...........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - No clause in contract but contained in an independent document - Law as to when it becomes an arbitration agreement - Summarized - (i) An arbitration clause in another document, would get incorporated into a contract by reference, if the following conditions are fulfilled : (a) The contract..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Prevention of Food Adulteration Rules, 1955, Appendix-B - Sabji Masala - Sample found adulterated - Standard not prescribed for Sabji Masala - Analysis done with reference to standard prescribed for 'Curry Masala' - Held, prosecution in regard to an article for which no standards have been laid, applying the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance - Meaning of - Held, word "cognizance" has no esoteric or mystic significance in criminal law or procedure - It merely means `become aware of' and when used with reference to a Court or Judge, `to take notice judicially'...........
