Search Results Page

Search Results

1 - 8 of 8 (0.64 seconds)
Table Tennis Federation Of India (Ttfi) vs Tamil Nadu Table Tennis Association ... on 12 November, 2018 cites

M/S Sundaram Finance Limited And Anr vs T. Thankam on 20 February, 2015

(iii) Sundaram Finance Limited and another Vs. T.Thankam [(2015) 14 SCC 444] "13. Once an application in due compliance of Section 8 of the Arbitration Act is filed, the approach of the civil court should be not to see whether the court has jurisdiction. It should be to see whether its jurisdiction has been ousted. There is a lot of difference between https://www.mhc.tn.gov.in/judis/ 12/20 Application No.453 of 2020 in C.S.No.242 of 2019 the two approaches. Once it is brought to the notice of the court that its jurisdiction has been taken away in terms of the procedure prescribed under a special statue, the civil court should first see whether there is ouster of jurisdiction in terms or compliance of the procedure under the special statute. The general law should yield to the special law-generalia specialibus non derogant. In such a situation, the approach shall not be to see whether there is still jurisdiction in the civil court under the general law. Such approaches would only delay the resolution of disputes and complicate the redressal of grievance and of course unnecessarily increase the pendency in the Court."
Supreme Court of India Cites 11 - Cited by 112 - Full Document

T. Arivandandam vs T. V. Satyapal & Another on 14 October, 1977

(v) T.Arivandandam v. T.V.Satypal [(1977) 4SCC 467] "5. We have not the slightest hesitation in condemning the petitioner for the gross abuse of the process of the court repeatedly and unrepentantly resorted to. From the statement of the facts found in the judgment of the High Court, it is perfectly plain that the suit now pending before the First Munsif's Court Bangalore, is a flagrant misuse of the mercies of the law in receiving plaints. The learned Munsif must remember that if on a meaningful --
Supreme Court of India Cites 2 - Cited by 1095 - V R Iyer - Full Document

National Aluminium Company Ltd. vs Subhash Infra Engineers Pvt. Ltd And Anr on 5 May, 2017

(iv) National Aluminium Company Limited vs. Subhash Infra Engineers Pvt. Ltd., [2019 SCC OnLine SC 1091] "14. Having regard to aforesaid judgment of this Court and various communications between the parties, we are in agreement with the submission made by the learned senior counsel for the appellant that, if the first respondent wants to raise an objection with regard to existence or validity of the arbitration agreement, it is open for the first respondent to move an application https://www.mhc.tn.gov.in/judis/ 13/20 Application No.453 of 2020 in C.S.No.242 of 2019 before the arbitrator, but with such plea, he cannot maintain a suit for declaration and injunction. Though the Trial Court rightly rejected the interim injunction sought for by the first respondent, the same is erroneously reversed by the learned Additional District Judge and such order is confirmed by the High Court, by the impugned order."
Supreme Court - Daily Orders Cites 0 - Cited by 2 - Full Document
1