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1 - 7 of 7 (0.20 seconds)Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 13 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Chairman Lic Of India & Ors vs A Masilamani on 23 November, 2012
The plea which is being taken before the concerned Forum
is required to be considered and 'consideration' means a proper
application of mind, as has been held in Chairman, Life
Insurance Corporation of India & Ors. Vs. A. Masilamani
(supra).
M/S.J.G.Engineers Pvt.Ltd vs Union Of India & Anr on 28 April, 2011
5. Learned counsel for the appellant has relied upon the
judgment rendered by the Hon'ble Apex Court in J.G.
Engineers Pvt. Ltd. Vs. Union of India & Anr., (2011) 5 SCC
758 to fortify his argument that the reason shown for reversal
of the fact finding recorded in the award by the Court in
exercising the power conferred under Section 34 of the Act,
1996 which was based upon the non-consideration of the terms
and conditions of the agreement, since, the learned sole
Arbitrator has considered the accountability in non-conclusion
of the work within the stipulated period and exactly in the
similar circumstances, the Hon'ble Apex Court in the aforesaid
case, has decided the issue, as to whether the appellant was
responsible for the delay in execution of the work, was
arbitrable.
The Arbitration And Conciliation Act, 1996
Director (Marketing) Indian Oil Corpn. ... vs Santosh Kumar on 23 May, 2006
postulates consideration of all relevant aspects of a matter.
Thus, formation of opinion by the statutory authority
should reflect intense application of mind with reference
to the material available on record. The order of the
authority itself should reveal such application of mind.
The appellate authority cannot simply adopt the language
employed by the disciplinary authority and proceed to
affirm its order. (Vide Indian Oil Corpn. Ltd. v. Santosh
Kumar [(2006) 11 SCC 147 : (2007) 1 SCC (L&S) 388]
and Bhikhubhai Vithlabhai Patel v. State of
Gujarat [(2008) 4 SCC 144 : AIR 2008 SC 1771] ."
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