Court : Mumbai
..... or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes video cassettes or in any other electronic mode or through ..... by parliament; c by any other law made by state legislature; (d) by notification issued or order made by the appropriate government, and includes any - (i) body owned, controlled or substantially financed; (ii) non-government organisation substantially financed; directly or indirectly by funds provided by the appropriate government;" "2(j) "right to information" means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to - (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents ..... he then filed second appeal no.1932 of 2009 on 11th december 2009 and which appeal was placed before the information commissioner, who by the impugned order dated 13th september 2010 allowed it and directed the petitioners to supply the said information. 5. .....
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..... tekchand mitharam sevakramani and others (1999) 3 supreme court cases 110)in support of his plea that the arbitrator was bound to settle accounts between the parties in the mode and manner prescribed under section 48 of the partnership act, 1932 and not having done so, the award was totally contrary to law and thus in conflict with public policy. 15. ..... the learned senior counsel mr.s.u.kamdar appearing for the respondent submits as under:- (a) the learned arbitrator ought to have dissolved the partnership firm and ought to have settled the accounts between the parties under section 48 of the partnership act, 1932 which reads thus:- 48. ..... (b) there is no provision under the indian partnership act, 1932 prohibiting such clause in the partnership deed. ..... 809 of 2008 filed under section 34 of the arbitration act, 1996 thereby allowing the application filed by the respondent and setting aside the arbitral award declared by the sole arbitrator on 16th august, 2008 by which the arbitrator had allowed certain claims made by the appellants. 2. ..... oral judgment: by this appeal filed under section 37 of the arbitration and conciliation act, 1996 (for short arbitration act, 1996), the appellants have challenged order and judgment dated 4th may, 2009 delivered by the learned district court, pune in civil miscellaneous application no. .....
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..... tekchand mitharam sevakramani and others (1999) 3 supreme court cases 110)in support of his plea that the arbitrator was bound to settle accounts between the parties in the mode and manner prescribed under section 48 of the partnership act, 1932 and not having done so, the award was totally contrary to law and thus in conflict with public policy. 15. ..... the learned senior counsel mr.s.u.kamdar appearing for the respondent submits as under:- (a) the learned arbitrator ought to have dissolved the partnership firm and ought to have settled the accounts between the parties under section 48 of the partnership act, 1932 which reads thus:- 48. ..... (b) there is no provision under the indian partnership act, 1932 prohibiting such clause in the partnership deed. ..... 809 of 2008 filed under section 34 of the arbitration act, 1996 thereby allowing the application filed by the respondent and setting aside the arbitral award declared by the sole arbitrator on 16th august, 2008 by which the arbitrator had allowed certain claims made by the appellants. 2. ..... oral judgment: by this appeal filed under section 37 of the arbitration and conciliation act, 1996 (for short arbitration act, 1996), the appellants have challenged order and judgment dated 4th may, 2009 delivered by the learned district court, pune in civil miscellaneous application no. .....
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..... the submission of the learned senior counsel for the respondents that the law governing the arbitration proceedings will be the english law and that the parties have conferred exclusive jurisdiction on the english court, and thereby have excluded the jurisdiction of the indian court is made on the basis that the seat being london, the english arbitration and conciliation act, 1996 applies, and therefore, the arbitration proceedings are to be governed by the english court, and therefore, the jurisdiction of the ..... with a view to prevent injustice in circumstances such as which permit a contracting party to be relieved of the burden of the contract; or since the date of the contract the circumstances or subsequent events have made it impossible for the party seeking injunction to prosecute the case in the court of choice because the essence of the jurisdiction of the court does not exist or because of a vis major or force majeure and the like; (5) where parties have agreed, under a nonexclusive jurisdiction clause, to approach a neutral foreign forum ..... the learned senior counsel in support of the said contention has relied upon the judgment of the apex court reported in 1995(1) scc 478 in the matter of new horizons limited and anr v/s union of india, and the judgments of this court reported in air 1932 nag 114 in the matter of tarabaiv/s chogmal and in air 1971 bom 362 in the matter of expartegirdharlalshankar dave which was approved in the judgment reported in 1986 mlj 325 in the .....
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..... the submission of the learned senior counsel for the respondents that the law governing the arbitration proceedings will be the english law and that the parties have conferred exclusive jurisdiction on the english court, and thereby have excluded the jurisdiction of the indian court is made on the basis that the seat being london, the english arbitration and conciliation act, 1996 applies, and therefore, the arbitration proceedings are to be governed by the english court, and therefore, the jurisdiction of the ..... with a view to prevent injustice in circumstances such as which permit a contracting party to be relieved of the burden of the contract; or since the date of the contract the circumstances or subsequent events have made it impossible for the party seeking injunction to prosecute the case in the court of choice because the essence of the jurisdiction of the court does not exist or because of a vis major or force majeure and the like; (5) where parties have agreed, under a nonexclusive jurisdiction clause, to approach a neutral foreign forum ..... the learned senior counsel in support of the said contention has relied upon the judgment of the apex court reported in 1995(1) scc 478 in the matter of new horizons limited and anr v/s union of india, and the judgments of this court reported in air 1932 nag 114 in the matter of tarabaiv/s chogmal and in air 1971 bom 362 in the matter of expartegirdharlalshankar dave which was approved in the judgment reported in 1986 mlj 325 in the .....
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..... (vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the high court would not interfere with orders passed by the arbitrator or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only in terms of section 37 of the act or in terms of section 34 of the act. ..... however, once the matter reaches the arbitral tribunal, the high court would not interfere with the orders passed by the arbitrator or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only under section 37 or 34 of the act. ..... while constituting an arbitral tribunal, on the scheme of the act, the chief justice has to consider whether he as the chief justice has jurisdiction in relation to the contract, whether there was an arbitration agreement in terms of section 7 of the act and whether the person before him with the request, is a party to the arbitration agreement. ..... the said applications were dismissed by the learned single judge of the madras high court holding that since indowind has neither signed nor ratified the agreement, the maintainability of the applications under section 9 itself was doubtful. ..... , air 1932 nagpur 114; judgment of division bench of this court in the case of harshadratilal shah v. .....
Tag this Judgment!Court : Mumbai
..... (vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the high court would not interfere with orders passed by the arbitrator or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only in terms of section 37 of the act or in terms of section 34 of the act. ..... however, once the matter reaches the arbitral tribunal, the high court would not interfere with the orders passed by the arbitrator or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only under section 37 or 34 of the act. ..... while constituting an arbitral tribunal, on the scheme of the act, the chief justice has to consider whether he as the chief justice has jurisdiction in relation to the contract, whether there was an arbitration agreement in terms of section 7 of the act and whether the person before him with the request, is a party to the arbitration agreement. ..... the said applications were dismissed by the learned single judge of the madras high court holding that since indowind has neither signed nor ratified the agreement, the maintainability of the applications under section 9 itself was doubtful. ..... , air 1932 nagpur 114; judgment of division bench of this court in the case of harshadratilal shah v. .....
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..... , while passing the impugned order, recorded the following findings: (i) the respondents are prima facie promoters within the meaning of section 2(c) of mofa; (ii) the question whether the applicants have waived their rights can be decided at the time of final hearing; (iii) the question whether the application is hit by principles of res judicata can be decided at the time of final hearing; (iv) the question whether the conditional noc given by the respondents is acceptable to the applicants or not can be decided at the time of final hearing; (v) under section 12-a of mofa, the court has ..... no jurisdiction to grant interim order in respect of the ..... is a partnership firm registered under the indian partnership act, 1932. 5. ..... section 5 provides that there shall be in each of the towns of calcutta, madras and bombay, a court to be called the court of small causes of calcutta, madras or bombay as the case may be. .....
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..... , while passing the impugned order, recorded the following findings: (i) the respondents are prima facie promoters within the meaning of section 2(c) of mofa; (ii) the question whether the applicants have waived their rights can be decided at the time of final hearing; (iii) the question whether the application is hit by principles of res judicata can be decided at the time of final hearing; (iv) the question whether the conditional noc given by the respondents is acceptable to the applicants or not can be decided at the time of final hearing; (v) under section 12-a of mofa, the court has ..... no jurisdiction to grant interim order in respect of the ..... is a partnership firm registered under the indian partnership act, 1932. 5. ..... section 5 provides that there shall be in each of the towns of calcutta, madras and bombay, a court to be called the court of small causes of calcutta, madras or bombay as the case may be. .....
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..... though the solicitor was held entitled to claim the amount deposited in the court which was to the credit of the suit, he was held not entitled to proceed against the opposite party simplicitor upon the settlement of the suit by his client with the other side in the absence of collusion between the parties. ..... narayandas harbhagal air 1932 bombay 363 this court sought to protect the costs incurred by the solicitor before he could be discharged by a lien which could be claimed by the solicitor upon the funds, money and property received for his client and a general lien upon the papers and documents of his client. 21. ..... the defendant no.1 contended in the chamber order that the firm has not given him the noc for filing the vakalatnama of the new advocates, whom defendant no.1 seeks to appoint, on the ground of non payment of certain outstanding fees as shown in the correspondence between the parties. ..... the rules of the original side of the bombay high court rules framed under section 34 of the act are in appendix vi. ..... both these judgments only speak about the lien which cannot be claimed by an advocate under the advocates act and the bar council rules. ..... under section 34 of the advocates act 1961 the high court may make rules in this regard. 19. ..... the firm refused to act upon any such settlement for a number of years and hence defendant no.1 sought to have the firm discharged to appoint new advocates to represent him in ultimately settling the suit. .....
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