Courts in two countries cannot have concurrent jurisdiction in arbitration as it would create conflicting decisions, unnecessary complications and inconvenience. It would also go against the spirit of the Arbitration and Conciliation Act which is to enable parties to resolve disputes speedily, economically and finally. The Supreme Court stated so while setting aside the view of the Bombay High court which had ruled that the courts in England and India have concurrent jurisdiction in the disputes between Enercon India Ltd and Enercon GMBH, incorporated under German laws. There might also be an "ugly rush" to get one forum decide before the other and it would be "a recipe for confusion and injustice". In this case, two Indians entered into a joint venture agreement with the German corporation and formed the Indian company to manufacture and sell wind turbine generators. However, the latter alleged that the German firm stopped shipments of the supplies. The reason urged was that the German firm wanted to pressurise it to sell the shareholding in a desired manner. The dispute travelled from courts in Daman, where the company is registered, the Bombay High Court and to England. The high court ruled against the Indian firm. It appealed to the Supreme Court. It appointed the chairman of the arbitration tribunal and declared that it would conduct proceedings in India.
Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law
Cause Title : Bhagwant Singh vs Financial Commissioner (Appeals) Punjab, Chandigarh, CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties. On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Comments
Post a Comment