<?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>2009 (11) TMI 988 - ALLAHABAD HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=198228</link>
    <description>An arbitration clause in an agreement to sell relating to immovable property was treated as independently valid where the agreement, though unregistered, was signed by both parties and clearly required disputes to be decided by a named advocate whose award would be final. The clause was separable from the underlying transaction, and non-registration of the agreement did not by itself invalidate the arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. Objections based on the Transfer of Property Act, 1882 and the Registration Act, 1908 were relevant to enforceability of the substantive transaction, not to the court&#039;s power to appoint an arbitrator. Refusal of the named arbitrator to act satisfied the condition for appointment under Section 11(6).</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Nov 2009 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 25 Jan 2018 16:42:06 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=506126" rel="self" type="application/rss+xml"/>
    <item>
      <title>2009 (11) TMI 988 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198228</link>
      <description>An arbitration clause in an agreement to sell relating to immovable property was treated as independently valid where the agreement, though unregistered, was signed by both parties and clearly required disputes to be decided by a named advocate whose award would be final. The clause was separable from the underlying transaction, and non-registration of the agreement did not by itself invalidate the arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. Objections based on the Transfer of Property Act, 1882 and the Registration Act, 1908 were relevant to enforceability of the substantive transaction, not to the court&#039;s power to appoint an arbitrator. Refusal of the named arbitrator to act satisfied the condition for appointment under Section 11(6).</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 17 Nov 2009 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=198228</guid>
    </item>
  </channel>
</rss>