Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Where two views are possible, Court cannot interfere in plausible view taken by arbitrator supported by reasoning...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Agreement arrived at between parties for purpose of well drilling and other auxiliary operations - During subsistence of contract price of High Speed Diesel (HSD) one of essential materials for carrying out of drilling operations increased - Contract was based on fixed..........
Limitation -- Extension of limitation period due to COVID-19 pandemic - Limitation prescribed under S.138 Negotiable Instruments Act and under Arbitration and Conciliation Act, 1996 shall be extended with effect from 15.3.2020 till further orders to be passed by Supreme Court - However, in case limitation has expired after 15.3.2020 then period from 15.3.2020 till the..........
Limitation -- Extension of limitation period due to COVID-19 pandemic - Limitation prescribed under S.138 Negotiable Instruments Act and under Arbitration and Conciliation Act, 1996 shall be extended with effect from 15.3.2020 till further orders to be passed by Supreme Court - However, in case limitation has expired after 15.3.2020 then period from 15.3.2020 till the..........
Arbitration and Conciliation Act, 1996, Section 34, 4, 16, 20 -- Arbitration award - Setting aside - Place of arbitration - Failure to participate in the proceedings before Arbitrator - Submission not raised that Arbitrator did not have jurisdiction or that he was exceeding the scope of his authority - Held, respondent must be deemed to have waived all such objections...........
Arbitration and Conciliation Act, 1996, Section 36 -- Execution of arbitration award - As per agreement, Arbitrator was authorised to only fix the price of land which was to be sold by appellant to respondent - In the agreement there was an option to respondent to either accept the price fixed by Arbitrator or refuse to get the sale deed executed at the price fixed by..........
Arbitrator -- Ought not to have defended arbitration award passed by him in the subsequent judicial proceedings...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Partnership Act, 1932, Section 19, 22 -- Eviction petition - Non-payment of rent - Assessment of provisional rent - Arbitration award relied upon by respondent it cannot be said that Arbitrator has determined rate of rent at Rs.8000/- per day - Moreover, landlady is not a party to arbitral award - Even..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - Arbitration agreement - Court at the outset to consider as to whether document is properly stamped or not - Even when an objection in that behalf is not raised, it is duty of Court to consider the issue - If Court comes to conclusion that instrument is not properly stamped, it should be impounded and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of arbitration proceedings - Not a ground to quash proceedings u/s 138 of the Act - Arbitration proceedings and criminal proceedings against a person, based on the same transaction, can be conducted or continued simultaneously - Complaint cannot be quashed...........
