Judgments - Arbitration
LAKHBIR SINGH Vs ARUN KHANNA
UNION OF INDIA Vs. M/S BRIGHT POWER PROJECTS(I) P.LTD.
When parties to the contract had agreed to the fact that interest would not be awarded on the amount payable to the contractor under the contract, in our opinion, they were bound by their understanding. Having once agreed that the contractor would not claim Full Judgment
M/S.ESSAR OIL LTD. Vs. HINDUSTAN SHIPYARD LTD. & ORS.
M/S SUPREMA INC Vs. 4G INDENTITY SOLUTIONS PVT LTD
ASHAPURA MINE-CHEM LTD Vs. GUJARAT MINERAL DEVLOPMENT CORPORATION
In the light of our above conclusion, we hold that the learned Judge having failed to appreciate the legal position as regards the existence of an arbitration agreement in the MoU irrespective of the failure of the parties to reach a full-fledged agreement with respect to the various terms and conditions contained in the MoU for a joint venture, the said conclusion and judgment of the learned Full Judgment
M/S BHANDARI UDYOG LTD Vs. INDUSTRIAL FACILITATION COUNCIL & ANR
The short question that falls for consideration in this appeal is as to whether the Bombay High Court has correctly decided the jurisdiction of a Court to entertain application under Section 34 of the Arbitration and Conciliation Act, 1996? Indisputably, the Arbitration proceeding has been conducted within the jurisdiction of Raichur court, which has jurisdiction as per Section 20 of the Code of Civil Procedure and is Full Judgment
M/S SUNDARAM FINANCE LIMITED AND ANR. Vs. T. THANKAM
Once an application is duly filed in terms of Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') before the civil court, what should be the approach of the court, is the short question arising for consideration in this case. Once there is an agreement between the parties to refer the disputes or differences arising out of the agreement to arbitration, and in case Full Judgment
M/S SYSTEM FOR INTERNATIONAL AGENCIES Vs. M/S RAHUL COACH BUILDERS P. LTD
Upon perusal of the said clause it is very clear that the parties to the agreement had agreed to refer the dispute to arbitration under the provisions of the 'By-laws of Indian Companies Act, 1956'. The learned counsel appearing for the parties had fairly conceded that there are no by-laws framed under the provisions of the Indian Companies Act, 1956. Though an Full Judgment
M/S KSS KSSIIPL CONSORTIUM THRO. ITS CONSTITUTED ATTORNEY MR. DEVENDRA KUMAR VERSUS M/S GAIL (INDIA) LTD.
-There can be no manner of doubt that before exercising the power under Section 11(6) of the Arbitration Act to make appointment of an arbitrator the Court will have to decide on the existence of an arbitrable dispute/enforceable claim by and between the parties to the contract. The existence of a claim and denial thereof giving rise to a dispute is required Full Judgment
VIVEK RAI & ANR. Vs. HIGH COURT OF JHARKHAND THR.REG.GEN & OR
This writ petition has been filed under Article 32 of the Constitution of India seeking to declare Rule 159 of the High Court of Jharkhand Rules, 2001 as violative of Articles 14 and 21 of the Constitution and provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.").- It Full Judgment
M/S CONSTRUCTION & DESIGN SERVICES Vs. DELHI DEVT.AUTH
Once it is held that even in absence of specific evidence, the respondent could be held to have suffered loss on account of breach of contract, and it is entitled to compensation to the extent of loss suffered, it is for the appellant to show that stipulated damages are by way of penalty - The Full Judgment