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1 - 10 of 22 (0.26 seconds)Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 34 in The Arbitration Act, 1940 [Entire Act]
Section 5 in The Arbitration Act, 1940 [Entire Act]
Section 47 in The Arbitration And Conciliation Act, 1996 [Entire Act]
N. Khosla vs Rajlakshmi (Dead) & Ors on 6 March, 2006
In N.Khosla vs. Rajlakshmi (dead) and
others reported in (2006) 3 SCC 605, the Hon'ble Supreme Court has held that
'fraud clocks everything and avoids all judicial acts'. In the case involved
in the above judgment, a decree of the Court was challenged and it is held
that the fraudulent decree can be challenged, even in any collateral
proceedings.
Paramjeet Singh Patheja vs Icds Ltd on 31 October, 2006
17. The use of words ''adjudication' and ''suit' used by
Legislature clearly goes to show that it is only a court which
can pass a decree in a suit commenced by plaint adjudicating
the dispute between the parties by means of a judgment
pronounced by the Court. The Hon'ble Apex Court in the case
of Paramjeet Singh Patheja vs. ICDS Ltd., AIR 2007 SC - 168
after considering the definition of decree as contained in CPC
in paragraph 29 has held that "it is obvious that an arbitrator
is not a Court, an arbitration is not an adjudication and,
therefore, an award is not a decree". Again in paragraph 31,
it has been held that words ''decision', and ''Civil Court'
unambiguously rule out an award by arbitrators to be a
decree. In the said case, the Hon'ble Apex Court while
considering the question as to whether an insolvency notice
under Section 9 of the Presidency Town Insolvency Act, 1909
can be issued on the basis of an arbitration award, held that
such notice cannot be issued for the reason the arbitration
award is neither a decree nor an order for payment within the
meaning of Section 9(2) of the Insolvency Act and it is not
rendered in a suit. Thus, the award not being covered under
the definition of a decree, objection with respect to its validity
can only be raised as provided under Section 34 of the Act
and not by taking resort to section 47 C. P. C.”
18/31
https://www.mhc.tn.gov.in/judis
Appeal No.443 of 2020 in Application No.7185 of 2019
in E.P.No.17 of 2012 in Arbitration Award No.1 of 2011
and Arb.O.P.SR.No.37500 of 2023
The Code of Civil Procedure, 1908
The State Of Tripura & Others vs Sri Ashes Deb on 27 April, 2022
16. The second respondent cited yet another judgment of the High
Court of Tripura held in State of Tripura & others Vs. Shri Ashes Deb, Contractor
[C.R.P.No.85 of 2022 dated 21.12.2022]. The said judgment also speaks about
the necessity to invoke Section 34 of the Arbitration Proceedings. In the
said case, it is held as under:-