Search Results Page

Search Results

1 - 10 of 10 (0.29 seconds)

Associate Builders vs Delhi Development Authority on 25 November, 2014

In Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49, the Supreme Court had cautioned the courts that in exercise of its power under Section 34 of the Act, if an Arbitrator construes the terms of the contract in a "reasonable manner", the Award cannot be set aside; construction of the terms of the Contract is primary for an Arbitrator to decide, unless the Arbitrator construed the Contract in such a way that it can be said to be something that no fair minded and reasonable man could do. In the present case, the arbitrator, in the name of interpreting the contract, has in fact, rewritten the same. Equally, in his endeavour to harmoniously construe Clause 9 so as to prevent 9(II) from becoming redundant, has made 9(IV) redundant.
Supreme Court of India Cites 55 - Cited by 2182 - R F Nariman - Full Document

Central Bank Of India Ltd. vs Hartford Fire Insurance Co. Ltd. on 11 September, 1964

(61) In Hill Oils & Sales Ltd. case reported in 1987 LRC 468, on the ratio of which the counsel for the plaintiff relied upon, appears to be a case where there was no provisions for termination without cause. In the said case the court held that the contract could not be terminated immediately without cause since there was no provisions for immediate termination without cause. The court further held that the rule requiring reasonable notice of termination should be implied as a reasonable term of contract.
Supreme Court of India Cites 2 - Cited by 78 - Full Document
1