Supreme Court Digest of Recent Cases
(2006) 6 SCC 239

Arbitration

Arbitration and Conciliation Act, 1996

— S. 43 — Exclusion of time for proceeding bona fide in court without jurisdiction in respect of proceedings that could be/must be initiated under the 1996 Act, namely, applicability of S. 14, Limitation Act, 1963 — Held, S. 14, Limitation Act, 1963 is applicable to arbitration proceedings under the 1996 Act, (2006) 6 SCC 239-A

Arbitration

Arbitration and Conciliation Act, 1996

— S. 34 — Application for setting aside arbitral award — Limitation period for, and, power of extension thereof on condonation of delay — Provisions applicable — Held, the applicable provisions are S. 34(3) and the proviso thereto — Ss. 5 and 3 r/w Sch., Limitation Act, 1963 are not applicable to applications under S. 34, the 1996 Act — However, S. 14, Limitation Act is applicable to applications under S. 34, the 1996 Act, (2006) 6 SCC 239-B

Interpretation of Statutes

Exclusionary clause

— Interpretation of — Overlapping statutes — Held, extent of exclusion in respect of overlapping statutes is really a question of construction of each particular statute and general principles applicable are subordinate to the actual words used by legislature, (2006) 6 SCC 239-C

Interpretation of Statutes

Basic rules

— Beneficent construction — When warranted — Held, when statute is silent and there is no specific prohibition then statute should be interpreted so as to advance cause of justice, (2006) 6 SCC 239-D



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