Swami Sadashiva Brahmendra Sar
30 January 2010 at 23:26
what is the latest amendment in Arbitration and Conciliation Act, 1996? Is there any amendment after 29.2.2004?
Anonymous
30 January 2010 at 15:12
Dear Sir,
we are entering a credit support provider agreement witween City Bank.
In the agreement word "ex aequo et bono" use in the arbitration clause but we can not understand exact meaning of the above.
Kindly explaine it.
regards,
Dheeraj
Anonymous
29 January 2010 at 17:49
there is a X company which is providing services to another Y company. Can the shareholders of the company bring in a stay order for not making payment to the the X company.
Is there any such stay order which can be given except in case of a legal proceeding
is the Y company liable to stop the payment even if there is no problem in services legally or performance wise and even if X company is not doing any forgery.
Anonymous
29 January 2010 at 17:27
After termination of agreement is Arbitration clause still valid
Ie Agreement signed in oct 2000,
valid for 3 years IE till SEp 2003.
after which agreement was not renewed.
though transaction carried out.
Transaction is also not of the period of agreement
NOw One party has filed a claim for arbitration after 6 years.
So Even after termination of agreement in 2003 is Arbitration clause still valid
Union of India vs. Kishorilal Gupta & Bros., 1960 (1) SCR 493.
Termination of an agreement arbitration clause would also cease to be operative
Learned Attorney General submitted that, as to when on termination of an agreement, arbitration clause would also cease to be operative, has been well explained by a three- Judge Bench of this Court in Union of India vs. Kishorilal Gupta & Bros., 1960 (1) SCR 493. In that case Subba Rao, J., as he then was, speaking for the majority stated at pages 513 to 514 of the report that the discussion of the law on the subject led to the emergence of the following principles in this regard :
"(1) An arbitration clause is a collateral term of a contract as
distinguished from its substantive terms; but nonetheless it is an integral part of it;
(2) however comprehensive an
arbitration clause may be, the existence of the contract is a necessary condition for its operation, it perishes with the contract;
So Even after termination of agreement in 2003 is Arbitration clause still valid
Pradyumna Kumar Atri
29 January 2010 at 13:09
can a partnership firm apply for the IEC Code on the firm's name or do one of the partners have to apply on his name?
Pradyumna Kumar Atri
29 January 2010 at 13:05
can a partnership firm apply for the IEC Code on the firm's name or do one of the partners have to apply on his name?
Anonymous
29 January 2010 at 12:26
I have come across a transaction where aganist a genuine debt created for acquisition of a business, the company alloted its equity shares at par. It filed form 2 with RoC & showed it as a 'Cash Consideration'. RoC too has accepted it. Company feels it is in compliance with sec 75(1) of the act, read along with the circular dated 13/03/1978 issued by dept of company affairs.
I request if anyone can provide me any such case law where similar situation was held to be cash consideration.
Thanks.
P.C. Joshi
29 January 2010 at 10:37
Dear Sirs,
A company has to enter into an agency cum retianership agreement with an individual.Pls tell me whethr the said agreement can be drawn on company's letter head or it has to be on a stamp paper, if on stamp paper on what value of stamp paper.
Regards,
P.C. Joshi
Delhi
Aston Albuquerque
28 January 2010 at 21:45
I booked TATA207DiEX vehicle with Tata Motors Dealer in Goa.
He handed over me a vehical and issued sale letter (Tax Invoice) for TATA207DI EX vehicle.He also gave me a booklet"Owners Manual and Service Book for TATA 207 EX/RX"
There are two models EX and RX.
RX is cheaper by Rs. 14000 or so.
When I checked the specifications from the Manual with my model I found most of the specifications match with RX rather than EX. Also few facilities mentioned in the Owners manual like ventilation Blower, Tilting Steering box etc are missing.
I asked the dealer. He says "It is EX" I sent a mail to customer care of Tata Motors. No reply. Their Toll free 24 hr. No. 1800 22 5370 only rings.Their web page for Tata 207DI does not function.
Wrote a letter to the dealer. After 15 days received a call from Tata motor's service engineer advising me to read two lines on the opening page of the manual"The contents of this book are not binding on us. We reserve the right to change the specification without notice"
WOW. I asked him with this line if you hand over me a bullock cart should I accept. He said yes.
What is the remedy for me. I feel cheated. I feel more pain the such things are not expected from Tats.
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Arbiitration Act
A petition for appointment of arbitrator u/s 11 (4)of Arbitration and Conciliation Act has been filed before the High Court. The petitioner has not annexed any proof of service of notice on other party for appointing the arbitrator.
Can I raise a preliminary objection that in absence of notice the petition is not maintainable? In other words, is notice for appointing the arbitrator a precondition for filing a petition before the High Court?