<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2008 (1) TMI 949 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=194633</link>
    <description>Section 8 of the Arbitration and Conciliation Act, 1996 applies only where the parties to the dispute are bound by an existing arbitration agreement. Because the plaintiffs and their predecessor were not parties to the partnership deed and there was no material showing assent to its arbitration clause, a civil court alone could decide the challenge to the deed&#039;s validity; the related claim for accounts and profits was also dependent on that issue. An application under Section 8 was further non-maintainable because the original arbitration agreement or a duly certified copy was not filed, and a mere copy of the deed on record did not satisfy the statutory condition. The reference to arbitration was therefore unsustainable.</description>
    <language>en-us</language>
    <pubDate>Fri, 04 Jan 2008 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 28 Dec 2023 10:31:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=489648" rel="self" type="application/rss+xml"/>
    <item>
      <title>2008 (1) TMI 949 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=194633</link>
      <description>Section 8 of the Arbitration and Conciliation Act, 1996 applies only where the parties to the dispute are bound by an existing arbitration agreement. Because the plaintiffs and their predecessor were not parties to the partnership deed and there was no material showing assent to its arbitration clause, a civil court alone could decide the challenge to the deed&#039;s validity; the related claim for accounts and profits was also dependent on that issue. An application under Section 8 was further non-maintainable because the original arbitration agreement or a duly certified copy was not filed, and a mere copy of the deed on record did not satisfy the statutory condition. The reference to arbitration was therefore unsustainable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 04 Jan 2008 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=194633</guid>
    </item>
  </channel>
</rss>