Court : Supreme Court of India
..... (in government and outside it) and recommend remedial measures to be immediately implemented by the government of india and the government of orissa; c) direct the respondents to take effective and appropriate action to ensure closure/stoppage of all the illegal mining activities in the concerned areas and direct prosecution and punish all those found guilty of this illegal mining in violation of the ..... quantities and grade; d mining in contravention of a mining plan; e transportation of raised mineral without lawful authority; f mining and transportation of raised mineral in contravention of applicable central and state acts and rules thereunder; g conducting of multiple trade transactions to obfuscate the origin and source of minerals in order to facilitate their disposal; h tampering with land records and obliteration of inter-state ..... follows:- (a) issue a writ of mandamus or any other appropriate writ directing the union of india and government of odisha to immediately stop forthwith all illegal mining in the state of odisha and to terminate all leases that are found to be involved in illegal mining and mining in violation of the provisions of the forest conservation act 1980, the environment laws and other laws. ..... an annual production of say 12 lakh mt then in that case the permissible production for the mining lease for the year 2008-09 would be taken as 6 lakh mt (12x6/12 lakh mt) and 12 lakh mt per annum in the subsequent year; and wherever a mining lease ..... the railways have .....
Tag this Judgment!Court : Supreme Court of India
..... the theory of forfeiture of the rights of a party under the agreement to appoint its arbitrator once the proceedings under section 11(6) of the act had commenced came to be even more formally embedded in deep trading company (supra) subject, of course, to the provisions of section 11(8), which provision in any event, had been held in northern railway administration (supra) not to be mandatory, but only embodying a requirement of keeping the same in view at the time of exercise of ..... the general conditions of contract it is clear that the panel of arbitrators as per the agreement between the parties necessarily has to be gazetted railway officers; any vacancy in the panel of arbitrators has to be filled up in the same manner in which the initial panel is required to ..... of the aforesaid contract no.cao/con/738 was to be exercised by the east central railway it appears that the appellant has disclaimed all responsibility with regard to holding of arbitration proceedings in respect of the said contract and at the same time the east central railway has not responded in any positive manner to the several demands for arbitration lodged by the ..... classical notion that the high court while exercising its power under section 11 of the arbitration & conciliation act, 1996 (hereinafter for short the act ) must appoint the arbitrator as per the contract between the parties saw a significant erosion in ace ..... of the case we do not deem it appropriate to burden the appellant with any costs. .... ..... 2008 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!