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1 - 10 of 10 (0.18 seconds)The Limitation Act, 1963
The Coinage Act, 2011
The Arbitration And Conciliation Act, 1996
The Indian Stamp Act, 1899
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Bharat Sanchar Nigam Limited vs M/S Nortel Networks India Pvt. Ltd. on 10 March, 2021
In Bharat Sanchar Nigam Limited and Anr. vs Nortel Networks
India Private Limited reported in (2021) 5 SCC 738, the Hon'ble
Apex Court held as follows:-
Article 137 in Constitution of India [Constitution]
M/S. Uttarakhand Purv Sainik Kalyan ... vs Northern Coal Field Limited on 27 November, 2019
In Uttarakhand Purv Sainik Kalyan Nigam Ltd. v. Northern
Coal Field Ltd. [UttarakhandPurvSainikKalyan Nigam
Ltd. v. Northern Coal Field Ltd., (2020) 2 SCC 455 : (2020) 1 SCC
(Civ) 570] the issue before this Court was whether a Referral Court
at the stage of appointment of arbitrators would be required to
decide the issue of limitation or leave it to the Arbitral Tribunal. A
Bench of two Judges of this Court held that the doctrine of
competence-competence is "intended to minimise judicial
intervention, so that the arbitral process is not thwarted at the
threshold, when a preliminary objection is raised by one of the
parties." Moreover, this Court held that Section 16 is an inclusive
provision of very wide ambit : (SCC p. 462, para 7)
"7. ... 7.13. In view of the provisions of Section 16, and the
legislative policy to restrict judicial intervention at the pre-reference
stage, the issue of limitation would require to be decided by the
arbitrator. Sub-section (1) of Section 16 provides that the Arbitral
Tribunal may rule on its own jurisdiction, "including any objections"
Section 6 in The Finance Act, 1996 [Entire Act]
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