Mediatize - Law Dictionary Search Results
In a reference
In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and...
Legal proceedings
Legal proceedings, do not in their ordinary sense at first suggest the commencement of an arbitration. To refer to a person as having commenced legal proceedings does not obviously suggest that an arbitration has been commenced,...
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR...
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Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National...
Without prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT. With loss of all rights; in a way that...
Tenure
said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits
Taking any other step in the proceeding
Taking any other step in the proceeding, means the step must be such as would clearly manifest intention to waive benefit or arbitration agreement, Rachappa Gurudappa, Bijapur v. Gurusiddappa Nananiappa, 1989 (1) SCJ 14. The expression...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma,...
In the usual manner
In the usual manner means according to the habi-tual form of arbitration adopted in fact. It does not mean, in accordance with the Arbitration Act, Bright & Bros v. Gibson & Co., (1916) 32 TLR 533.
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