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Report No. 76

10.11. Section .- operation of.-

The operation of section 46 is illustrated by judicial decisions dealing with questions that have arisen in regard to arbitrations under the Co-operative Societies Act, before the Supreme Court.1 It is also illustrated by cases under that Act before the High Courts, in proceedings in the Punjab2 and the erstwhile State of Bombay.3 It may be of interest to note that the section would apply to arbitrations under an Act relating to Universities.4

Of course, the Arbitration Act will apply to a statutory arbitration only in so far as the statute does not contain a provision on the particular subject5 which is inconsistent with the Act.

1. D. Gobindram v. Shamji & Co., AIR 1961 SC 1285 (1293), paras. 24-25.

2. Harnam Singh v. Man Singh, AIR 161 Punj 133.

3. Savitra Khandu v. A.S. & P. Co-operative Society Ltd., AIR 1957 Born 178.

4. Brij Mohan v. Lucknow University, AIR 1961 All 331 (332, 333), para. 4.

5. See discussion regarding section 2(a), supra (awards obtained on oral arbitration agreement).



Arbitration Act, 1940 Back




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