assumes jurisdiction on a pre-
existing dispute. It cannot have jurisdiction over a dispute
which is non-existing. The pre-existing dispute in this case ... Only this dispute was referred to
arbitration. The dispute which was gone into by the learned
Arbitral Tribunal was not a pre-existing dispute which
case of peculiar factual situation viz, there was no
dispute regarding pre-existing tenancy and when same fact was
Page ... case factual
situation is quite diverse, inasmuch as there is dispute regarding pre-
existing tenancy as borrower and guarantors have made a false
declaration
account any defect in the material
supplied by the petitioner.
4. This dispute was, admittedly, raised by the respondent prior to the
petitioner issuing ... adjudicate or resolve existing between the parties. The present case is
clearly a case where a pre-existing dispute exists between the petitioner
pre-existing right. Even in cases where the employer
denies the benefit available to a workman on the basis of a pre-existing
right ... pre-existing right but only proceed to compute the wages and
adjudicate other attendant disputes that may arise in that regard. A pre-
existing right
said to impliedly barred in
respect of pre-existing common law right i.e. where the dispute has been
characteristics of affecting ... been created under an enactment and it did not relate to pre-existing
common law, the jurisdiction of the civil Court can be said
necessarily
a pre-existing benefit or one flowing from a
pre-existing right. The difference between a
pre-existing right or benefit on one hand ... pre-existing benefit or one flowing from a
pre-existing right. According to the Supreme
Court, the difference between a pre-existing
right or benefit
Mohd Sultan Khan. vs State Of J&K; & Ors on 29 January, 2014
question of referring the dispute
to the decision of the court arises only when there exists a dispute as
to apportionment. Section ... have an opportunity to
meet the respective contentions.
That existence of a dispute is a pre-condition for making a
reference to the court
hepatomegaly with bilateral pleural effusion and colitis)
and that it was pre-existing disease and that therefore, there was no question
of proving the same ... policy. It is also seen that the complainant has not
disputed about pre-existing disease of the lifer assured. She herself had handed over
hepatomegaly with bilateral pleural effusion and colitis)
and that it was pre-existing disease and that therefore, there was no question
of proving the same ... policy. It is also seen that the complainant has not
disputed about pre-existing disease of the lifer assured. She herself had handed over
