Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - It is the duty of the executing Court to X-ray the award and to lift the veil to find out what material was available before the arbitrator to have come to his conclusions - It is not the duty of the executing Court to decide whether the award was right or..........
Arbitration Act, 1940, Section 30, 14, Limitation Act, 1963, Article 119 -- Objection to award being made rule of Court - Limitation - Starts to run from date of receipt of notice from the Court - Mere filing a caveat by a party did not start period of limitation - Caveat does not absolve Court from its statutory duty to give notice under S.14(2)...........
Arbitration and Conciliation Act, 1996, Section 8 -- Suit for dissolution of partnership and rendition of accounts - Case to be adjudicated by the Court itself and not by the Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- If one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days - If the opposite party makes an appointment even after 30 days of the demand, but..........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside - Question of law - Reference - Question of law was not specifically referred for arbitration, notwithstanding the statement by Umpire that 'parties had left the matter for decision by Umpire' - Question of law as to applicability of S.26 of the Electricity Act incidentally arose as part of defence..........
Arbitration and Conciliation Act, 1996, Section 11, 16, 7 -- Arbitration agreement - Existence under challenge - Pleadings raised by parties prima facie showing parties are not strangers - Correspondence existed between parties as regards contract - There has been some transaction - Proper course for parties is to thrash out existence or not of arbitration agreement under..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Telephone bill - Arbitration - Jurisdiction - The consumer disputes forums have jurisdiction to decide disputes involving meter reading or excess billing even when such disputes might be covered under section 7-B of the Act of 1885...........
Partnership Act, 1932, Section 69, Arbitration Act, 1940, Section 14(2) -- S.69 of Partnership Act has no application to proceedings before an Arbitrator - Post award proceedings cannot be considered by any means to be a suit or other proceedings to enforce any rights arising under a contract so as to attract S.69 of the Partnership Act...........
Registration Act, 1908, Section 17 -- Arbitration award - Immovable property - An award which creates, declares, assigns, limits or extinguishes, whether in present or in future any right title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, are compulsorily registrable by virtue of clause (b) of..........
Arbitration Act, 1940, Section 2(a) -- Arbitration - Clause in agreement providing that decision of Chief Engineer would be final on specifications, drawings, instructions etc. - Held, this clause in agreement does not indicate that Chief Engineer shall decide any matter arising out of difference or dispute being referred to him by both the parties - The element of..........
