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Head Note

The Arbitration and Conciliation Act, 1996  - Section 16

Registration Act, 1908 - Sections 17 and 49 - Contract contains an arbitration agreement - Even if contract or if performance is terminated on account of repudiation frustration or breach of contract, arbitration agreement would survive for purpose of resolution of disputes in connection with contract - Arbitration clause independent of other terms of contract or instrument.

The Arbitration and Conciliation Act, 1996  - Section 16

Transfer of Property Act, 1882 - Sections 106 and 107 - Registration Act, 1908 - Sections 17 and 49 - Arbitration agreement - Where a lease deed is for a term of thirty years and is unregistered - Terms of such deed cannot be relied upon to claim or enforce any right under or in respect of such lease - Where arbitration agreement provided any for settlement of disputes arising in relation to lease deed - Arbitration clause although available cannot be used for deciding dispute with reference to unregistered deed.

The Arbitration and Conciliation Act, 1996  - Section 16

Transfer of Property Act, 1882 - Sections 106 and 107 - Registration Act, 1908, Sections 17 and 49 - Stamp Act, 1899, Sections 33 and 35 - Procedure to be adopted where arbitration clause is contained in a document which is not registered (but compulsorily registrable) and which is not duly stamped.

Topic(s)-

Important Decision(s)- Arbitration clause although available cannot be used for deciding dispute with reference to unregistered deed.