Electricity -- Dispute as to electricity consumption - Arbitration clause in agreement - Held, arbitrator has no jurisdiction to enter upon the reference when dispute is covered by the provisions of S.26 of the Indian Electricity Act. (Indian Electricity Act, 1910, S.26(6)...........
Arbitration Act, 1940, Section 20 -- Reference to arbitration - To constitute an arbitration agreement, it is not necessary that it should bear the signatures of the parties - Requirement of law is that it should be in writing...........
Arbitration Act, 1940, Section 6 -- An arbitration agreement shall not be discharged by the death of any party thereof...........
Punjab Co -- operative Societies Act, Section 55 - Arbitrator himself has no power to imp lead parties to the reference - Arbitration case by Cooperative Society against SL, application by SL for impleading PS as a party to reference dismissed by Arbitrator, on appeal by Society case remanded to Arbitrator that if PS necessary party he should be impleaded, thereafter..........
Arbitration Act, 1940 -- Making award rule of Court - When claims are inflated out of proportion heavy cost should be awarded to other party - Party making inflated claim should be deprived of cost...........
Arbitration Act, 1940, Section 13, 29, Interest Act, 1978, Section 5 -- Interest - Under Interest Act Court would include Arbitrator - S.34 CPC would apply to Arbitrator - Arbitrator can award interest pendente lite and future interest...........
Arbitration Act, 1940, Section 30, 33 -- Non speaking award - There is no complete bar in examining if award is in terms of reference or terms of contract...........
Arbitration Act, 1940, Section 30, 33, 20 -- Award - Objections - Measurable item rate contract - Payment to contractor in terms of contract would be for work executed - Termination of contract when 50% of work executed - Petition u/s 20 by contractor setting out claim amount - Court appointed Local Commissioner who took measurement of work done - Higher claim, on basis of..........
Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Order 7, Rule 1 -- Application filed for referring the dispute to the arbitrator - Cannot be considered as a plaint as contemplated under CPC...........
Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application to amend petition u/s 20 to convert same into suit - Not permissible...........
