Indian Constitution

Section 67 Arbitration and Conciliation Act, 1996: Role of conciliator.— (1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. (2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties. (3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute. (4) The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such propo

Section 66 Arbitration and Conciliation Act, 1996

Section 66 Arbitration and Conciliation Act, 1996: Conciliator not bound by certain enactments.—The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). Supreme Court of India Important Judgments And Leading Case Law Related to Section 66 Arbitration and Conciliation Act, 1996: Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008 National Highways Authority Of vs Sayedabad Tea Co. Ltd. And Ors on 27 August, 2019 Cheran Propertiees Limited vs Kasturi And Sons Limited on 24 April, 2018 Yograj Infras.Ltd vs Ssang Yong Engineering & on 1 September, 2011 State Of Goa vs M/S. Western Builders on 5 July, 2006 Visa International Ltd vs Continental Resources (Usa)Ltd on 2 December, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 5 September, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 20 May, 2008 Prakash Corporates vs Dee Vee Projects Limited on 14 February, 2022 Bgs S

Section 65 Arbitration and Conciliation Act, 1996

Section 65 Arbitration and Conciliation Act, 1996: Submission of statements to conciliator.— (1) The conciliator, upon his appointment, may request each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of such statement to the other party. (2) The conciliator may request each party to submit to him a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send a copy of such statement, documents and other evidence to the other party. (3) At any stage of the conciliation proceedings, the conciliator may request a party to submit to him such additional information as he deems appropriate. Explanation.—In this section and all the following sections of this Part, the term “conciliator” applies to a sole conciliator, two or three conciliators as the case may b

Section 64 Arbitration and Conciliation Act, 1996

Section 64 Arbitration and Conciliation Act, 1996: Appointment of conciliators.— (1) Subject to sub-section (2),— (a) in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator; (b) in conciliation proceedings with two conciliators, each party may appoint one conciliator; (c) in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator. (2) Parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators, and in particular,— (a) a party may request such an institution or person to recommend the names of suitable individuals to act as conciliator; or (b) the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: Provided that in recommending or appointing individuals to act as concilia

Section 63 Arbitration and Conciliation Act, 1996

Section 63 Arbitration and Conciliation Act, 1996: Number of conciliators.— (1) There shall be one conciliator unless the parties agree that there shall be two or three conciliators. (2) Where there is more than one conciliator, they ought, as a general rule, to act jointly. Supreme Court of India Important Judgments And Leading Case Law Related to Section 63 Arbitration and Conciliation Act, 1996: Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008 National Highways Authority Of vs Sayedabad Tea Co. Ltd. And Ors on 27 August, 2019 Cheran Propertiees Limited vs Kasturi And Sons Limited on 24 April, 2018 Yograj Infras.Ltd vs Ssang Yong Engineering & on 1 September, 2011 State Of Goa vs M/S. Western Builders on 5 July, 2006 Visa International Ltd vs Continental Resources (Usa)Ltd on 2 December, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 5 September, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 20 May, 2008 Prakash Corporates

Section 62 Arbitration and Conciliation Act, 1996

Section 62 Arbitration and Conciliation Act, 1996: Commencement of conciliation proceedings.— (1) The party initiating conciliation shall send to the other party a written invitation to conciliate under this Part, briefly identifying the subject of the dispute. (2) Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate. (3) If the other party rejects the invitation, there will be no conciliation proceedings. (4) If the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party accordingly. Supreme Court of India Important Judgments And Leading Case Law Related to Section 62 Arbitration and Conciliation Act, 1996: Visa International Ltd vs Continental Resources (U

Section 61 Arbitration and Conciliation Act, 1996

Section 61 Arbitration and Conciliation Act, 1996: Application and scope.— (1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto. (2) This Part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to conciliation. Supreme Court of India Important Judgments And Leading Case Law Related to Section 61 Arbitration and Conciliation Act, 1996: Haresh Dayaram Thakur vs State Of Maharashtra And Ors on 5 May, 2000 Visa International Ltd vs Continental Resources (Usa)Ltd on 2 December, 2008 माध्यस्थम् और सुलह अधिनियम, 1996 की धारा 61 का विवरण : लागू होना और विस्तार-(1) तत्समय प्रवृत्त किसी विधि द्वारा अन्यथा उपबंधित के सिवाय और जब तक कि पक्षकारों ने अन्यथा करार न किया हो, यह भाग विधिक संबंध से, जो चाहे संविदाजात हो या नहीं,

Section 60 Arbitration and Conciliation Act, 1996

Section 60 Arbitration and Conciliation Act, 1996: Saving.—Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any award if this Chapter had not been enacted. Supreme Court of India Important Judgments And Leading Case Law Related to Section 60 Arbitration and Conciliation Act, 1996: Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008 National Highways Authority Of vs Sayedabad Tea Co. Ltd. And Ors on 27 August, 2019 Cheran Propertiees Limited vs Kasturi And Sons Limited on 24 April, 2018 Yograj Infras.Ltd vs Ssang Yong Engineering & on 1 September, 2011 State Of Goa vs M/S. Western Builders on 5 July, 2006 Visa International Ltd vs Continental Resources (Usa)Ltd on 2 December, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 5 September, 2008 Hindustan Copper Limited vs M/S Nicco Corporation Ltd on 20 May, 2008 Prakash Corporates vs Dee Vee Pro

Section 59 Arbitration and Conciliation Act, 1996

Section 59 Arbitration and Conciliation Act, 1996: Appealable orders.— (1) An appeal shall lie from the order refusing— (a) to refer the parties to arbitration under section 54; and (b) to enforce a foreign award under section 57, to the court authorised by law to hear appeals from such order. (2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court. Supreme Court of India Important Judgments And Leading Case Law Related to Section 59 Arbitration and Conciliation Act, 1996: Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008 National Highways Authority Of vs Sayedabad Tea Co. Ltd. And Ors on 27 August, 2019 Cheran Propertiees Limited vs Kasturi And Sons Limited on 24 April, 2018 Yograj Infras.Ltd vs Ssang Yong Engineering & on 1 September, 2011 State Of Goa vs M/S. Western Builders on 5 July, 2006 Visa International Ltd vs Continental Resourc

Section 58 Arbitration and Conciliation Act, 1996

- February 26, 2022

Section 58 Arbitration and Conciliation Act, 1996: Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of the Court. Supreme Court of India Important Judgments And Leading Case Law Related to Section 58 Arbitration and Conciliation Act, 1996: Bhatia International vs Bulk Trading S. A. & Anr on 13 March, 2002 माध्यस्थम् और सुलह अधिनियम, 1996 की धारा 58 का विवरण : विदेशी पंचाटों को प्रवर्तित करना-जहां न्यायालय का यह समाधान हो जाता है कि विदेशी पंचाट इस अध्याय के अधीन प्रवर्तनीय है, वहां पंचाट को न्यायालय की डिक्री समझा जाएगा । To download this dhara / Section of Arbitration and Conciliation Act, 1996 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.

Section 5 The Transfer of Property Act, 1882

- February 26, 2022

Section 5 The Transfer of Property Act, 1882: “Transfer of property” defined.—In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 1[or to himself] and one or more other living persons; and “to transfer property” is to perform such act. 1[In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.] Supreme Court of India Important Judgments And Leading Case Law Related to Section 5 The Transfer of Property Act, 1882: Harihar Prasad Singh And Another vs Must. Of Munshi Nath Prasadand on 16 January, 1956 Bharat Petroleum Corporation Ltd vs P. Kesavan & Anr on 5 April, 2004 Northern India Caterers Private vs State Of Punjab And

Section 57 Arbitration and Conciliation Act, 1996

Section 57 Arbitration and Conciliation Act, 1996: Conditions for enforcement of foreign awards.— (1) In order that a foreign award may be enforceable under this Chapter, it shall be necessary that— (a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; (b) the subject-matter of the award is capable of settlement by arbitration under the law of India; (c) the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure; (d) the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending; (e) the enforcement of the award is not contrary to the public policy or the la

Section 56 Arbitration and Conciliation Act, 1996

Section 56 Arbitration and Conciliation Act, 1996: Evidence.— (1) The party applying for the enforcement of a foreign award shall, at the time of application, produce before the Court— (a) the original award or a copy thereof duly authenticated in the manner required by the law of the country in which it was made; (b) evidence proving that the award has become final; and (c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 are satisfied. (2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India. Explanation.—In this section and all the following sections of this Chapter, “Court” means the

Section 55 Arbitration and Conciliation Act, 1996

Section 55 Arbitration and Conciliation Act, 1996: Foreign awards when binding.—Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as including references to relying on an award. Supreme Court of India Important Judgments And Leading Case Law Related to Section 55 Arbitration and Conciliation Act, 1996: Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008 National Highways Authority Of vs Sayedabad Tea Co. Ltd. And Ors on 27 August, 2019 Cheran Propertiees Limited vs Kasturi And Sons Limited on 24 April, 2018 Yograj Infras.Ltd vs Ssang Yong Engineering & on 1 September, 2011 State Of Goa vs M/S. Western Builders on 5 July, 2006 Visa International Lt

Section 54 Arbitration and Conciliation Act, 1996

Section 54 Arbitration and Conciliation Act, 1996: Power of judicial authority to refer parties to arbitration.—Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, on being seized of a dispute regarding a contract made between persons to whom section 53 applies and including an arbitration agreement, whether referring to present or future differences, which is valid under that section and capable of being carried into effect, shall refer the parties on the application of either of them or any person claiming through or under him to the decision of the arbitrators and such reference shall not prejudice the competence of the judicial authority in case the agreement or the arbitration cannot proceed or becomes inoperative. Supreme Court of India Important Judgments And Leading Case Law Related to Section 54 Arbitration and Conciliation Act, 1996: Venture Global Engineering vs Satyam Computer Services Ltd. & on

Section 53 Arbitration and Conciliation Act, 1996

Section 53 Arbitration and Conciliation Act, 1996: Interpretation.—In this Chapter “foreign award” means an arbitral award on differences relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924,— (a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and (b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and (c) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories to which the said Convention applies, and for the purposes of

Section 52 Arbitration and Conciliation Act, 1996