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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
Correct Answer:
Delhi
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.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
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
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
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
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
A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and conditions contained in a registered lease dead. The lease deed provided for arbitration of all disputes between the parties. 'B' fails to vacate the property inspite of expiry of period of lease of two years. 'A' initiates arbitral proceedings under the Arbitration and Conciliation Act, 1996 in accordance with an arbitration clause in the lease deed seeking eviction/ejectment of 'B' from the property
A
The arbitral proceedings are maintainable
B
The arbitration proceedings are not maintainable
C
The arbitral proceedings are maintainable only if 'B' does not object to the same
D
The arbitral proceedings are maintainable with the express consent of 'B'
There are 150 residents in a society. Out of them, 50 residents own a motorcycle, 60 residents own a car and 20 residents own both a car and amotorcycle. How many residents neither own a motorcycle nor a car?
A
20
B
30
C
60
D
10
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
In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:
A
Ador Samia Private Limited vs. Pee Kay Holdings Limited
B
MMTC vs. Sterlite Industries (1) Ltd.
C
Wellingtong Associates Ltd. vs. Kirti Mehta.
D
P. Anand Gajapati Raju vs. P.V.G. Raju
A, a bank officer, got compulsorily retired in 2014. Since the bank authorities did not release the leave encashment in his favour, he filed writ petition WP 2001 (W) of 2017 in Ranchi High Court for the same and also for the interest on the unpaid amount. The writ petition was disposed of by a learned Single Judge in December 2018 directing the bank to release the privileged leave encashment benefits to the petitioner to the extent he was entitled to in accordance with law within a certain period. The prayer for interest was not specifically denied by the court. The bank filed an appeal against the order. The Division Bench of Ranchi High Court in February, 2019 declined to admit the appeal. The bank authorities released the leave encashment in favour of the petitioner. However, A files a writ petition again for a direction to the bank to disburse interest to A at the rate of 18% per annum on leave encashment released by the bank. This petition is covered under which of the following?
A
Section II, Code of Civil Procedure
B
Section II, Expl. 5, Code of Civil Procedure
C
Section II, Expl. 4, Code of Civil Procedure
D
Order 2, Rule 2, Code of Civil Procedure