Supreme Court · 1989 INSC 43 · Decided 6 February 1989
I.T.C. Limited v. George Joseph Fernandes & ANR.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 43 · [1989] 1 S.C.R. 469
- Case number
- CIVIL APPEAL No. 1795/1982
- Decided
- 6 February 1989
- Bench
- G.L. OZA, K.N. SAIKIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Contract Act Section 20; Arbitration Act Section 32, 33, 34
Headnote
Arbitration Act, 1940: Sections 32, 33, 34. Stay of Legal Proceedings-Whether court has jurisdiction to decide validity of contract containing Arbitration clause--Existence of a valid agreement-Whether condition precedent. '"I: Jurisdiction of court to decide on-Validity and legality of ~ 1950, Article 136. Interference by Supreme Court-With discretion of courts under Section 34 of Arbitration Act, 1940-When called for. Contract Act, 1872: Section 20. Mistake of fact-Nature of-An erroneous opinion as to the value of the contracted thing-Not a mistake of fact-Common mistake of
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