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Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
1 month, 1 week ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

Arbitration Railways Court Party Waiver Act Letter
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

Performance Court Specific Performance Sale Agreement Set View
Burden Of Proving Deficiency Lies With Claimant, Hyderabad District Commission Dismisses Complaint Against Gulf Airlines
10 months, 3 weeks ago

Burden Of Proving Deficiency Lies With Claimant, Hyderabad District Commission Dismisses Complaint Against Gulf Airlines

Live Law  

District Consumer Disputes Redressal Commission – I, Hyderabad bench comprising B. Uma Venkata Subba Lakshmi, C. Lakshmi Prasanna and B.Raja Reddy dismissed a complaint against Gulf AirLines noting that the burden of proving the deficiency of service lies on the party making claim. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission – I, Hyderabad, Telangana and filed …

Consumer Hyderabad Airlines Commission Complainant Complaint District
[Motor Accident] Insurance Company Not Exempted From Third Party Liability For Breach Of Policy, May Recover From Insured: Karnataka HC Reiterates
2 years ago

[Motor Accident] Insurance Company Not Exempted From Third Party Liability For Breach Of Policy, May Recover From Insured: Karnataka HC Reiterates

Live Law  

The Karnataka High Court has reiterated that even if the court comes to the conclusion that there is a breach of any policy condition recognized under Section 149 of the Motor Vehicles Act, the insurer is liable to compensate the third party and recover the same from the insured. A single judge bench of Justice HP Sandesh allowed an appeal …

Insurance Company Tribunal Kar Insured Insurance Company Recover
Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 7 months ago

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Live Law  

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The Insurance Company contested that the negligence of the tempo driver should …

Insurance Appeal Compensation Driver Company Tribunal Fir