Arbitration Act - a new arbitrator is appointed
Arbitration Act - a new arbitrator is appointed
if the current Arbitrator is removed and a new arbitrator is appointed , the question is from which point the new Arbitrator will resume the proceedings ?
1 year ago
A. The same rules shall be followed in appointing a substitute arbitrator which were applicable to the appointment of the arbitrator being replaced. Where an arbitrator is replaced, any hearing previously held may be repeated at the discretion of the arbitral tribunal, unless otherwise agreed by the parties. However, it is provided that an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator shall not be invalid solely because there has been a change in the compos ...ReadMore
Harrassment by the secretary of society.
In April 2014, we started the reconstruction of our house which was completed in December 2014. Till completion, no objection was raised by the Society Committee. In late December 2014, the society i
2 years ago
A. Dear Client,
You may file and complaint against the society association for harassment and save all the evidence you have against them to produce in front of the court.
Sole Arbitrator passed an Ex-parte Award
I have two queries here. First background, I had credit card dues (Lost job and inability to pay back with no assets to sell) for which bank took arbitration recourse and appointed sole arbitrator in
2 years ago
A. Hi,
The most important factor in deciding whether or not to challenge an arbitration award is whether or not the arbitration decision is binding. If the arbitration is ineffective and non-binding, any party or parties may appeal the award without a reasonable basis for doing so. However, if the Arbitration is binding, then you must have a compelling reason to challenge the award. Section 34 (2) (a) lays down grounds for setting aside arbitration award:
1.A party is under some incapacity.
2.The ...ReadMore
Provident Fund Claim-I was a employee of a Private Limited company
I was a employee of a Private Limited company Mumbai Based Head Office but still now Company is not giving clearance of PF by not updating my details in PF Portal like Date of Joining, Date of Leaving
2 years ago
A. Send them a legal notice first through a lawyer then followed by a legal case against them. They are committing a big blunder by not updating your PF details as that is a statutory requirement for every employer to do so and they can be penalized for not doing so.
Arbitration
I have taken a personal loan due to loss of job I am unable to pay the EMI for 5 months now they have told to pay it by tomorrow or there will be a warrant issued and the property will be attached. Pl
2 years ago
A. Dear Client,'
In case you are unable to pay a loan you does not become a criminal but it is a civil dispute. You can contact your lender and tell your problem and ask for new repayment plan which is easy for you. You can also take loan insurance which will fulfill your short time loan payment.
Thank You.
Can two arbitration proceedings permitted for same matter?
Can two arbitration proceedings permitted for same matter?
2 years ago
A. Hello
The principle of res judicata is indeed applicable to arbitral proceedings as also ruled by the Supreme Court. As per the principal of res-judicata a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties in the same court. Therefore there cannot be two arbitration proceedings for same cause of action in the courts of same jurisdiction.
Thanks
Please rate if you find this advice helpful.
Ayantika Mondal @ Prime Legal
Sidhaarth S
Icici bank loan repayment
An ICICI recovery agent is threatening me to seize my car and auction my house and put me behind bar because I delayed car EMI payment for 15 DAYS not 90days. Can they do it?
2 years ago
A. The act of ICICI agent is wrong and contrary to law. Agent cannot harass the borrower of loan and if there is default let bank to move legally in court instead of getting engaged in such malpractice. ICICI is known for such malpractices. Report the matter to police. Agent cannot take such illegal possession.
Sidhaarth S
Ayantika Mondal @ Prime Legal
Harasment by Sons
My father married my mother (from another tehsil) after his first wife(local) had passed away. I am still unmarried and also my one younger sister. I also have two step brothers and one step sister.
2 years ago
A. Dear Madam,
You may file domestic violence case to stop such harassments. If you want property you have to file a partition suit and if you are already in possession then file a suit for permanent injunction.
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How to respond to the legal notice received for Online captcha job agreement?
I find Capcha jobs and i apply then one day a message has come on my whatsapp and said that you to work for 7 days and we will pay you 28000 in a month. After that, they have an offer letter but i did
2 years ago
A. Dear Sir,
Such fake companies unnecessarily giving trouble to many unemployed youth and also to the students. You need not view any reply to such notices and they cannot do anything against you. Start your career as you have got much experience through this fake company notices.
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Mental torture
one person is mentally torturing me from many days by giving me a lot of useless work and if i didn't do that work due to some problems then that person starts disturbing me which gives me stress and
3 years ago
A. which kind of person giving which kind useless work ?
what is relationship and reason ?
if that same person give you useful work then you will do it happily ? why ?
without knowing complete details of relationship, legal solution can not be suggested.
you have to approach police only for help.
Ankur Goel @ Complete Law Shield
