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    <title>1952 (8) TMI 27 - CALCUTTA HIGH COURT</title>
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    <description>Material modifications to a contract did not rescind the original agreement where the later arrangements merely adjusted performance and were not inconsistent with the earlier bargain; the arbitration clause therefore survived and continued to bind the parties. A second arbitral tribunal constituted under the chamber rule was held validly appointed, with no legal infirmity in its authority to proceed. Where the dispute before reference already concerned breach, cover-price difference, and consequential damages, the arbitrators were entitled to assess liability and quantify the monetary claim on the materials before them, even if the pleadings were inartfully framed. The award was upheld on these objections and the challenge to set it aside failed.</description>
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    <pubDate>Fri, 08 Aug 1952 00:00:00 +0530</pubDate>
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      <title>1952 (8) TMI 27 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199866</link>
      <description>Material modifications to a contract did not rescind the original agreement where the later arrangements merely adjusted performance and were not inconsistent with the earlier bargain; the arbitration clause therefore survived and continued to bind the parties. A second arbitral tribunal constituted under the chamber rule was held validly appointed, with no legal infirmity in its authority to proceed. Where the dispute before reference already concerned breach, cover-price difference, and consequential damages, the arbitrators were entitled to assess liability and quantify the monetary claim on the materials before them, even if the pleadings were inartfully framed. The award was upheld on these objections and the challenge to set it aside failed.</description>
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      <pubDate>Fri, 08 Aug 1952 00:00:00 +0530</pubDate>
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