Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 34 if maintainable Arbitration and Conciliation Act 1996 - ss.5 37 - Code of Civil Procedure 1908 - Applicability of - To appeal u/s. 37 of the 1996 Act - Cross objection by respondent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 - ss.5, 34, 37 - Code of Civil Procedure, 1908 - Applicability of - To appeal u/s. 37 of the 1996 Act - Cross objection by respondent, if maintainable - Held: The 1996 Act is a complete code and s.5 of the same in categorical terms along with other provisions, lead to definite conclusion that no other provision can be attracted - Thus, in the scheme of the 1996 Act, the application of CPC' is not conceived of and, therefore, as a natural corollary, a cross objection cannot be entertained - Distinction from the scheme of 1940 Act, s . ./ 1 of which states that the procedure of CPC would be applicable to appeals - The Arbitration Act, 19./0 - s.41. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1059 |
Petitioner | Mahanagar Telephone Nigam Ltd. |
Respondent | M/s. Applied Electronics Ltd. |
SCR | [2016] 11 S.C.R. 227 |
Judgement Date | 2016-11-24 |
Case Number | 11584 |
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