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Oriental Fire & General Insurance Co. ... vs New Suraj Transport Co. (P) Ltd. on 10 December, 1984
cites
Union Of India vs A.L. Rallia Ram on 19 April, 1963
18. Secondly, in the case of Union of India v. A.L. Rallia Ram, AIR 1963 SC 1685 at p. 1689 it is laid down that : a writing incorporating a valid agreement to submit differences to arbitration is therefore requisite: it is however not a condition of an effective arbitration agreement that it must be incorporated in a formal agreement executed by both the parties thereto, nor is it required to be signed by the parties."
Sm. Mukul Dutta Gupta And Ors. vs Indian Airlines Corporation on 11 August, 1961
"Three general rule have been laid down by the Courts to determine whether the traveller or depositor will be bound by the terms contained in the ticket.
Road Transport Corporation And Ors. vs Kirloskar Brothers Ltd. And Ors. on 10 April, 1980
24. The case of Road Transport Corporatoin v. Kirloskar Brothers Ltd., AIR 1981 Bom. 299 relates to 'consignment note'. The said consignment note bore exhibit mark 49. At the top of the said note it was written : --
The Special Secretary To Government Of ... vs Vedakantara Venkataramana Seshaiyer ... on 1 August, 1983
In the case of the Special Secy. to Govt. of Rajasthan (Finance) Jaipur, Rajasthan v. Vedakantara Venkataramana Sheshaiyer, AIR 1984 Andh Pra 5 the discussion contained in paras 28 to 30 at page 11 seems to clarify the legal position on the subject, which is as follows :
The Indian Partnership Act, 1932
Banarsi Das vs Cane Commr., U.P., Lucknow And Anr. on 20 October, 1954
In the case of Banarsi Das v. Cane Commr. U. P., AIR 1963 SC, 1417 at p. 1425 it was laid down : "that the arbitration clause in , the agreement was enforceable if agreed to, even without the signature of the appellant as it is a settled law that to constitute an arbitration agreement in writing it is not necessary that it should be signed by the parties and it is sufficient if the terms are reduced to writing and the agreement of the parties thereto is established."
The Arbitration Act, 1940
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