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Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.<br>2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.<br>3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.<br>4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.<br>Select the correct answer using the given below:
A
1, 2 and 3
B
2 and 4 only
C
3 and 4 only
D
2, 3 and 4
Correct Answer:
2 and 4 only
Which among the following are covered within 'Arbitration Agreement' as per Section 7 of the Arbitration and Conciliation Act 1996?
1. Oral agreement.
2. It may be in the form of a separate agreement.
3. Agreement by parties to submit the disputes which have arisen.
4. Agreement by parties to submit the disputes which may arise.
Select the correct answer using the given below.
A
1, 2 and 3
B
2, 3 and 4
C
3 and 4 only
D
1 and 4
The conciliation proceedings are terminated by:
1. signing of settlement agreement by parties.
2. conciliator, at his own, declaring in writing that further efforts are no longer justified.
3. written declaration by the parties to the conciliator that conciliation proceedings are terminated.
4. written declaration by one party to the other party and concilator that conciliation proceedings are terminated.
Select the correct answer using the given below:
A
1, 2, 3 and 4
B
3 and 4 only
C
1 and 2 only
D
1, 3 and 4 only
A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
A
Allow the application under Section 8 and refer the parties to arbitration
B
Dismiss the application and proceed with the petition
C
Adjourn sine die further proceedings in the divorce petition
D
Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum
In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
A
Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings
B
Allow the application and refer the parties to arbitration
C
Allow the application and stay further proceedings in the suit with right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence
D
Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable
The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?
A
Delhi
B
Lucknow
C
Varanasi
D
Kolkata
Select the incorrect statements:
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence
3. The Indian Evidence Act applies to affidavits presented to Courts
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts
A
2 and 3 are incorrect
B
2, 3 and 4 are incorrect
C
1 and 3 are incorrect
D
None of the above is incorrect
Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
A
Only 2 is correct
B
1, 2 and 3 are correct
C
2, 3 and 4 are correct
D
1, 2 and 4 are correct
Which of the following statements is/are correct?
1. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Appellate Tribunal
2. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Cyber Appellate Tribunal
3. The appeal under the Information Technology Act, 20000, can be filed before the Telecom Disputes Settlement and Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997
Select the correct answer using the given below:
A
1 only
B
1 and 2 only
C
3 only
D
1, 2 and 3
An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by:
A
Sole arbitrator
B
Five arbitrators
C
Three arbitrators
D
Four arbitrators
A' files a suit against 'H' for recovery of money due under the agreement, term whereof has since expired, by efflux of time. 'H' files an application under Section 8 of the Arbitration and Conciliation Act, 1996 contending that the agreement contains an arbitration clause. The court would then
A
Dismiss the application and continue with the suit as the agreement including the arbitration clause thereof has expired by efflux of time
B
Refer the parties to arbitration
C
Refer the parties to arbitration only if the plaintiff agrees to such arbitration
D
Refer the parties to the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 for determination if the arbitration needs to be appointed