Arbitration and Conciliation Act, 1996, Section 8, 5 -- Reference to arbitration - It is mandatory duty of Court to refer the dispute to arbitrator if as per arbitration clause of agreement between parties any or all disputes in connection with agreement shall be referred to arbitrator...........
Arbitration and Conciliation Act, 1996, Section 8, 5 -- Reference to arbitration - Dismissal of application - Suit filed by plaintiff for mandatory injunction directing respondent finance company to hand over truck illegally taken away by their musclemen - As per agreement clause all disputes arising out of or in connection with agreement shall be settled by arbitration -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........
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..........
