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1 - 10 of 11 (0.23 seconds)Section 45 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 5 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Babar Ali vs Union Of India (Uoi) And Ors. on 5 November, 1999
Out of various objects for promulgation of the Act one specific object is to minimise the supervisory role of courts in the arbitral process. Therefore, the court has to be more cautious and will not be guided by the general outlook. Court can definitely look into the document for its prima facie satisfaction about existence but cannot examine the validity of such document. It was categorically held by the Supreme Court in a judgment reported in 2000 (2) SCC 178 (Babar Ali v. Union of India and Ors.) that the Act is not unconstitutional merely on the ground that judicial scrutiny is not open for determining the question of jurisdiction at any penultimate stage but at a final stage.
Secur Industries Ltd vs M/S Godrej & Boyce Mfg. Co. Ltd. & Anr on 26 February, 2004
12. Additionally the learned Senior Counsel appearing for the appellant, cited the judgments reported in (2004) 3 SCC 447 (Secur Industries Ltd. v. Godrej & Boyce Manufacturing Co. Ltd. and Anr.) and (2005) 7 SCC 234 (SHIN-ETSU Chemical Co. Ltd. v. Aksh Optifibre Ltd. and Anr.) in support of his case but according to us, it has touch and go impact.