SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1959 Supreme(Cal) 44

K.C.DAS GUPTA, R.S.BACHAWAT
BHAGWATI PROSAD HARLALKA – Appellant
Versus
KAMALA MILLS LTD. – Respondent


Advocates Appeared:
Bhabra, SUBRATA ROY CHAUDHURI

DAS GUPTA, C. J.

( 1 ) THE main question for decision in this appeal against an order of Ray, J. , allowing an application, under Section 34 of the Arbitration Act for the stay of a suit, is whether the agreement as contained in the arbitration clause in the contract, in respect of which the suit was brought, is void and unenforceable because of vagueness and uncertainty. The clause is in these words :"all disputes and questions whatsoever which shall arise between the parties hereto out of or in connection with this agreement or as to the construction or application thereof or the respective rights and obligations of the parties hereunder or as to any clause or thing herein contained or any account or valuation to be made hereunder or as to any other matter in any way relating to these presents shall be referred to arbitration in accordance with the rules of the Miliowners' Association. Bombay, for the time being in force regulating arbitrations with respect to piecegoods. "according to the plaintiff who resisted the application for stay, the agreement was void for uncertainty the uncertainty being the result of the use of the words in the concluding portion of the clause, namely

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top