THE ARYA MARRIAGE VALIDATION ACT, 1937 [Act, No. 19 of 1937] [AS ON 1957] [14th April, 1937] PREAMBLE An Act to recognise and remove doubts as to the validity of inter-marriages current among Arya Samajists. WHEREAS it is expedient to recognise and place beyond doubt the validity of inter-marriages of a class of Hindus known as Arya Samajists; it is hereby enacted as follows;---
View Complete Act List Judgments citing this section(1) This Act may be called the Arya Marriage Validation Act, 1937.{ Subs, by the A. O. 1950, for the former sub-section (2).} [(2) It extends to the whole of India exempt { Subs, by the Adaptation of Laws (No.2) Order, 1956.for "Part B States".} [the territories which, immediately before the 1St November, 1956, were comprised in Part B States] and applies also to citizens of India wherever they may be.]
View Complete Act List Judgments citing this sectionNotwithstanding any provision of Hindu Law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed over to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.
View Complete Act List Judgments citing this sectionTHE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 [Act, No. 6 of 1937] [4th March, 1937] PREAMBLE An Act to make certain further provisions respecting the law of arbitration in (the words the Provinces of were omitted by the A.O.1950.) India. WHEREAS India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule, and to the Convention on the Execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each case to a reservation of the right to limit its obligations in respect thereof to contracts which are considered as commercial under the law in force in {the words "the Provinces of" were omitted by the A.O.1950.}India; AND WHEREAS it is expedient, for the purpose of giving effect to the said Protocol and of enabling the said Convention to become operative in {the words "the Provinces of" were omitted by the A.O.1950.} India, to make certain further provisions respecting the law of arbitration; It is hereby enacted as follows:
View Complete Act List Judgments citing this sectionNotwithstanding anything contained in the {Substituted by the Act 32 of 1940, Section 3 and Schedule11, for "Indian Arbitration Act, 1899".} [Arbitration Act 1940], or in the Code of Civil Procedure, 1908, if any party to a submission made in pursuance of an agreement to which the Protocol set forth in the First Schedule as modified by the reservation subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceedings in any Court against any other part to the submission or any person claiming through or under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other steps in the proceedings, apply to the Court to stay the proceedings; and the Court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.
View Complete Act List Judgments citing this section(1) A foreign award shall, subject to the provisions of this Act, be enforceable in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] as if it were an award made on a matter referred to arbitration in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] (2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] , and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.
View Complete Act List Judgments citing this section(1) Any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court. (2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants. (3) The Court shall direct notice to be given to the parties to the arbitration, other than the applicant, requiring them to show cause, within a time specified, why the award should not be filed.
View Complete Act List Judgments citing this section(1) Where the Court is satisfied that the foreign award is enforceable under this Act, the Court, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award. (2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award
View Complete Act List Judgments citing this section.....the country in which it was made, (e) been in respect of a matter which may lawfully be referred to arbitration under the law of {Substituted by Act 3 of 1951,Section 3 and Schedule for "States"} [India]. and the enforcement thereof must not be contrary to the public policy or the law of {Substituted by Act 3 of 1951,Section 3 and Schedule for "States".} [India]. (2) A foreign award shall not be enforceable under this Act if the Court dealing with the case is satisfied that (a) the award has been annulled in the country in which it was made, or (b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented, or (c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration: Provided that if the award does not deal with all questions referred the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it.....
View Complete Act List Judgments citing this section(1) The Party seeking to enforce a foreign award must produce (a) the original award or a copy thereof duly authenticated in manner required by the law of the country in which it was made; (b) evidence proving that the award has become final; and (c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in clauses (a), (b) and (c) of sub-section (1) of section 7 are satisfied. (2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in {Substituted by Act 3 of 1951, Section 3 and Schedule for "the states".} [India].
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