Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2003 (7) TMI 589

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aid definition and, therefore, the said rules, definition and bye-laws do not apply to him. In fact, the argument is that the words ‘any other person’ should take colour from the preceding words, namely, ‘remisier, authorised clerk or employee’ and since the appellant is not one of those mentioned, he does not fall within the expression ‘any other person’. - CIVIL APPEAL NO. 12645 OF 1996 - - - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the dispute in the suit. The learned Single Judge of the High Court accepted the contention of the respondents herein and directed the stay of proceedings of the suit. Aggrieved, the appellant filed the First Appeal from the said order, which was dismissed. It is against the said order of the High Court, the appellant has filed this appeal by way of special leave petition. 2. Learned counsel a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... relating their construction, fulfilment or validity or relating to the rights, obligation and liabilities of remisier, authorised clerk, employees or any other persons with whom the member shares brokerage in relation to such dealings, transactions and contracts shall be referred to and decided by arbitration as provided in the rules, bye-laws and regulations of the Exchange." Another clause of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e preceding words, namely, remisier, authorised clerk or employee and since the appellant is not one of those mentioned, he does not fall within the expression any other person . The reading of clause quoted above, as a whole, would clearly show that this clause is quite wide and comprehensive enough to cover the case of the plaintiff. In order to make it comprehensive, unauthorised clerk and e .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Stock Exchange. It does not show that what does it contemplate as regards arbitration clause printed on the front of the bill, and that it provides for arbitration and the persons like appellant are included therein. 4. For the aforesaid reasons, we did not fine any merit in the appeal. It, accordingly, fails and is dismissed. There shall be no order as to costs. - - TaxTMI - TMITax - C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates