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1 - 10 of 36 (0.47 seconds)Section 11 in The Arbitration Act, 1940 [Entire Act]
Section 21 in The Arbitration Act, 1940 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 16 in The Arbitration Act, 1940 [Entire Act]
Section 45 in The Arbitration Act, 1940 [Entire Act]
The Companies Act, 1956
Section 8 in The Arbitration Act, 1940 [Entire Act]
Cheran Properties Limited vs Kasturi & Sons Limited & Ors on 5 July, 2017
In a judgment in case of Cheran Properties Limited
Vs. Kasturi & Sons Limited & Ors., reported in
2018 SCC OnLine SC 431, it has been observed,
".............. The expression 'claiming
under', in its ordinary meaning, directs
attention to the source of the right. The
expression includes cases of devolution and
assignment of interest (Advanced Law
Lexicon by P Ramanatha Aiyar19). The
expression "persons claiming under them" in
Section 35 widens the net of those whom the
arbitral award binds. It does so by
reaching out not only to the parties but to
those who claim under them, as well. The
expression "persons claiming under them" is
a legislative recognition of the doctrine
that besides the parties, an arbitral award
binds every person whose capacity or
position is derived from and is the same as
a party to the proceedings. Having derived
its capacity from a party and being in the
same position as a party to the proceedings
binds a person who claims under
it. ........."