Search Results Page
Search Results
1 - 10 of 37 (0.73 seconds)Section 8 in The Arbitration Act, 1940 [Entire Act]
Section 34 in The Specific Relief Act, 1963 [Entire Act]
Section 35 in The Specific Relief Act, 1963 [Entire Act]
The Transfer Of Property Act, 1882
The Specific Relief Act, 1963
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
Further, in Vidya Drolia v. Durga Trading Corpn., (supra) the
Supreme Court held that only proceedings that result in a judgment having
erga omnes effect (i.e., binding on parties who are not parties to the
arbitration agreement) are in rem for the purpose of arbitrability. It is
submitted that any judgment passed in the present suits allowing the claim
of title would clearly result only in a judgment in personam in view of
Section 35 of the Specific Relief Act, and thus clearly arbitrable.
Section 11 in The Specific Relief Act, 1963 [Entire Act]
Section 34 in The Arbitration Act, 1940 [Entire Act]
R. Viswanathan vs Rukn-Ul-Mulk Syed Abdul Wajid on 4 May, 1962
In our view, when the disputes arise between the landlord and
tenant with regard to determination of lease under the TP Act, the landlord to
14
See: R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid, (1963) 3 SCR 22
15
16 F Cas 625 at P. 626 (CCDV 1823)
16
(2021)1 SCC 529,
Signature Not Verified
CS(COMM) 189/2020 & connected matters Page 25 of 31
Digitally Signed
By:KAMLA RAWAT
Signing Date:21.12.2023
19:34:07
secure possession of the leased property in a normal circumstance is required
to institute a suit in the court which has jurisdiction. However, if the parties in
the contract of lease or in such other manner have agreed upon the alternate
mode of dispute resolution through arbitration the landlord would be entitled to
invoke the arbitration clause and make a claim before the learned arbitrator.