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Which among the following are covered within 'Arbitration Agreement' as per Section 7 of the Arbitration and Conciliation Act 1996?<br>1. Oral agreement.<br>2. It may be in the form of a separate agreement.<br>3. Agreement by parties to submit the disputes which have arisen.<br>4. Agreement by parties to submit the disputes which may arise.<br>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
Correct Answer:
2, 3 and 4
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
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
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
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
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
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'
Consider the following statements.
(1) The Arbitral Tribunal cannot rule on its own jurisdiction.
(2) Oral arbitration agreement is enforceable.
(3) The parties may choose med-arb as the procedure for settlement of their dispute.
(4) There must be a pre-existing written agreement of arbitration for dispute settlement by arbitration.
Which of the above statements is/are correct?
A
3 and 4
B
1, 2, 3 and 4
C
4
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
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Who among the following has tremendous influence in forming the true public opinion?
A
Press
B
Political parties
C
Educational intuitions
D
God man