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1 - 10 of 11 (0.03 seconds)The Indian Evidence Act, 1872
Ruby General Insurance Co. Ltd vs Pearey Lal Kumar And Another on 25 February, 1952
"The question to be decided is whether the point on which the parties are in dispute is a difference 'arising out of the policy' in terms of Clause 7 of the policy. The test for determining such a question has been laid down in a series of cases and is a simple one. The test is whether recourse to the contract by which the parties are bound is necessary for the purpose of determining the matter in dispute between them. If such recourse to the contract is necessary, then the matter must come within the scope of the arbitrator's jurisdiction."
Union Of India (Uoi) vs Salween Timber And Construction Co. ... on 21 December, 1962
21. Reliance was placed on the case of Union of India v. Salween Timber and Construction Co., (India), , where the Supreme Court made similar observation regarding the test to be applied in respect of an arbitration clause which provided the determination of the dispute, inter aha, under the contract.
Haji Ebrahim Kassam Cochinwalla vs Northern Indian Oil Industries Ltd. on 19 January, 1950
In the case of Haji Ebrahim Kassam Cochinwalla V. Northern Indian Oil Industries Ltd., P. B. Mukharji, J,, as he then was, now the Chief Justice, at page 232, observed:
M/S. Alopi Parshad & Sons, Ltd vs The Union Of India on 20 January, 1960
Mr. Basu also relied on the case of Alopi Parshad and Sons Ltd v. Union of India, for the proposition, inter alia that the claim on account of excess price paid due to rise in prices were matters which could not affect the contract.
Section 1 in The Indian Contract Act, 1872 [Entire Act]
Section 1 in The Indian Evidence Act, 1872 [Entire Act]
Section 3 in The Indian Evidence Act, 1872 [Entire Act]
National Fire And General Insurance Co. ... vs Union Of India (Uoi) And Anr. on 18 May, 1955
34. Mr. Bhabra relied on the case of National Fire General Insurance Co. Ltd. v. Union of India, where P. B. Mukharji J. (as he then was, now the Chief Justice,) had occasion to consider an usual arbitration clause in the Fire Insurance policy. The speciality of that clause was that the same incorporated the following language viz., "Independently of all other questions". On the basis of the said words it was observed that the same indicated that although there was a special stipulation in the Insurance Policy itself that the amount of loss or damage was alone to be the subject of arbitration, that did not deter the parties from submitting to the jurisdiction of the Arbitrators the other question regarding the liability to pay the amount and as to who should pay to whom.