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Silicon Graphics Systems (India) P. ... vs Sterling And Wilson Electricals P. Ltd. on 24 March, 2015
cites
The Code of Civil Procedure, 1908
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Section 28 in The Indian Contract Act, 1872 [Entire Act]
M/S Motilal Padampat Sugar Mills Co. ... vs State Of Uttar Pradesh And Ors on 12 December, 1978
25. It is then contended that in passing the majority Award, the two
Arbitrators constituting the majority travelled beyond the terms of
the contract and therefore, they committed legal misconduct. It is
accordingly submitted that the Award is liable to be set aside under
Section 28 (3) and 34 (2) (a) (iv) of the Act. It is further contended
O.M.P. No. 196 of 2004 Page 12 of 19
that the majority Award is in conflict with the public policy of
India; that the Award is contrary to Section 34 (2) (b) (ii) of the Act
as it deals with the disputes concerning LD which were not
arbitrable under Clause 98.4; the majority Award was based on the
Doctrine of Waiver under the English law and not under the Indian
law; it is contrary to the Doctrine of Waiver as set out in Section 63
of the Contract Act which states that waiver is a question of fact
that has to be properly pleaded and proved. Reliance is placed on
the decisions in Moti Lal Padampat Sugar Mills Limited v. The
State of Uttar Pradesh AIR 1979 SC 621 and V.M. Salgaocar
&Bros.
Municipal Corporation Of Greater ... vs Dr. Hakimwadi Tenants Association & Ors on 24 November, 1987
613. It is further submitted that there cannot be any waiver unless
the person who is alleged to have waived his right, is fully informed
of his right and with full knowledge of such right, he intentionally
abandons it. A mere delay cannot amount to waiver or
abandonment and waiver cannot be assumed or presumed. A
reference is made to the decisions in Municipal Corporation of
Greater Bombay v. Dr. Hakimwadi Tenants' Association AIR
1988 SC 233, P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC
725, Madamsetty Satyanarayana v. G. Yelloji Rao AIR 1965 SC
1405 and Associated Hotels of India Limited v. S.B. Sardar Ranjit
Singh AIR 1968 SC 933.
P. Dasa Muni Reddy vs P. Appa Rao on 10 September, 1974
613. It is further submitted that there cannot be any waiver unless
the person who is alleged to have waived his right, is fully informed
of his right and with full knowledge of such right, he intentionally
abandons it. A mere delay cannot amount to waiver or
abandonment and waiver cannot be assumed or presumed. A
reference is made to the decisions in Municipal Corporation of
Greater Bombay v. Dr. Hakimwadi Tenants' Association AIR
1988 SC 233, P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC
725, Madamsetty Satyanarayana v. G. Yelloji Rao AIR 1965 SC
1405 and Associated Hotels of India Limited v. S.B. Sardar Ranjit
Singh AIR 1968 SC 933.
Madamsetty Satyanarayana vs G. Yellogi Rao And Two Others on 24 November, 1964
613. It is further submitted that there cannot be any waiver unless
the person who is alleged to have waived his right, is fully informed
of his right and with full knowledge of such right, he intentionally
abandons it. A mere delay cannot amount to waiver or
abandonment and waiver cannot be assumed or presumed. A
reference is made to the decisions in Municipal Corporation of
Greater Bombay v. Dr. Hakimwadi Tenants' Association AIR
1988 SC 233, P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC
725, Madamsetty Satyanarayana v. G. Yelloji Rao AIR 1965 SC
1405 and Associated Hotels of India Limited v. S.B. Sardar Ranjit
Singh AIR 1968 SC 933.
Associated Hotels Of India Ltd., Delhi vs S. B. Sardar Ranjit Singh on 7 December, 1967
613. It is further submitted that there cannot be any waiver unless
the person who is alleged to have waived his right, is fully informed
of his right and with full knowledge of such right, he intentionally
abandons it. A mere delay cannot amount to waiver or
abandonment and waiver cannot be assumed or presumed. A
reference is made to the decisions in Municipal Corporation of
Greater Bombay v. Dr. Hakimwadi Tenants' Association AIR
1988 SC 233, P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC
725, Madamsetty Satyanarayana v. G. Yelloji Rao AIR 1965 SC
1405 and Associated Hotels of India Limited v. S.B. Sardar Ranjit
Singh AIR 1968 SC 933.