Supreme Court of India
M/s Today Homes & Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the learned designated Judge exceeded the bounds of his jurisdiction, as envisaged in SBP & Co. (supra).
Judgment, page 10
From the headnote
ARBITRATION AND CONG/LIA TION ACT, 1996: ss. 11(1)(b) and (6) - Existence of arbitration agreement c even if main agreement is illegal and void - Held: An arbitration agreement could stand independent of the main agreement and did not necessarily become otiose, even if the main agreement, of which it is a part, is declared void -- By virtue of s. 16(1)(b), the arbitration clause continues to be enforceable, notwithstanding a deflaration that the contract was null and void. s. 11 (6) - Application for appointment of arbitrator- Issues to be decided by Chief Justice or his designate - Explained
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Where later benches applied it
Of those, 1 relied on
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