Bare Act Search Results

Arbitration Act, 1940 [Repealed] Section 24

Title: Reference to Arbitration by Some of the Parties

State: Central

Year: 1940

Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by Sec.21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application.

Drugs and Cosmetics Act, 1940 Complete Act

State: Central

Year: 1940

.....of property, apparatus, etc., used for the manufacture of such drugs."-S.O.R., Gazette of India, 11-5-1963, Pt. II, S. 2, Ext., page 465. Act 68 of 1982 The Drugs and Cosmetics Act, 1940, regulates the import into, manufacture, distribution and sale of drugs and cosmetics in the country. The problems of adulteration of drugs and also of production of spurious and sub-standard drugs are posing serious threat to the health of the community. It is, therefore, considered necessary to amend the Drugs and Cosmetics Act, so as to impose more stringent penalties on the anti-social elements indulging in the manufacture or sale of adulterated or spurious drugs or drugs not of standard quality which are likely to cause death or grievous hurt to the user. This opportunity is also being availed of to incorporate certain other provisions on the other aspects of effective control on the manufacture, distribution, sale of drugs and cosmetics on the basis of experience gained in the working of the Act. 2. Some of the important proposals envisaged are set out below:- (1) (a) Widening of the definition of the expression 'cosmetics' so as to bring within its scope 'tiolet soaps' in order.....

Arbitration Act, 1940 Complete Act

State: Central

Year: 1940

.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....

Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

Bengal Moneylenders Act, 1940 Complete Act

State: West Bengal

Year: 1940

.....Societies Act, 1912, or any 55. Words subs. for the words "Act of the Provincial Legislature" by "the Adaptation" of Laws Order, 1950. [Provincial Act or Act of the State Legislature], for the time being in force, relating to such societies; (7) "insurance company" means (a) in relation to any loan advanced before the commencement of the Insurance Act, 1938, an insurance company within the meaning of the Indian Insurance Companies Act, 1928, and (b) in relation to any loan advanced after the commencement of the Insurance Act, 1938, an insurance company within the meaning of that Act; (8) "interest" includes any sum by whatsoever name called, in excess of the principal paid or payable to a lender in consideration of, or otherwise in respect of, a loan whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum lawfully charged by a lender in accordance with the provisions of this Act or any other law for the time being in forec for or on account of costs, charges or expenses; (9) "lender" means a person who advances a loan and includes a moneylender; (10) "licence" means a licence granted under this Act; .....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 19

Title: Pleas

State: Central

Year: 1940

.....of the nature, substance or quality of the drug1[or cosmetic] in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale. (2)2[For the purposes of section 18 a drug shall not be deemed to be misbranded or3[adulterated or spurious] or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality] only by reason of the fact that-- (a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug1[or cosmetic] as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug1[or cosmetic] or to conceal its inferior quality or other defects; or 4[***] (b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it: provided that this clause shall not apply in relation to any sale or distribution of the drug1[or cosmetic] occurring after the vendor or distributor.....

Arbitration Act, 1940 [Repealed] Chapter IV

Title: Arbitration in Suits

State: Central

Year: 1940

.....reference. Section 22 - Appointment of arbitrator The arbitrator shall be appointed in such manner as may be agreed upon between the parties. Section 23 - Order of reference (1) The Court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall in the order specify such time as it thinks reasonable for the making of the award. (2) Where a matter is referred to arbitration, the Court shall not, save in the manner and to the extent provided in this Act, deal with such matter in the suit. Section 24 - Reference to arbitration by some of the parties Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by Sec.21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made,.....

The Cochin Makkathayam Thiyya Act, 1940 Complete Act

State: Kerala

Year: 1940

.....them. Section 3 - Saving Nothing in this Act shall confer any right on the parties to a marriage dissolved before this Act comes into force. Section 4 - Act to constitute law in cases of intestate succession Except as provided for by any other law for the time being in force, the rules herein contained shall constitute the law of Cochin applicable to all cases of intestate succession among Thiyyas. Section 5 - Definitions In this Act unless there is something repugnant in the subject or context. (i) "Thiyya" includes Ezhava. Chova, Billava, Marayam, Thandan and others recognized as such. (ii) "Son", "Daughter" or any word which expresses relationship denotes only a legitimate relative. When owing to any physical defect or deformity, it is not possible to ascertain the sex of any of the heirs of an intestate, such heir shall, for the purpose of this Act, be regarded as a female. (iii) Kindred or consanguinity.- Kindred or consanguinity is the connection or relation of persons descended from the same stock or ancestor. Lineal consanguinity.- Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the.....

Arbitration Act, 1940 [Repealed] Chapter V

Title: General

State: Central

Year: 1940

.....if they think fit, make an interim award. (2) All references in this Act to an award shall include references to an interim award made under sub-section (1). Section 28 - Power to court only to enlarge time for making award (1) The Court may, if it thinks fit, whether the time for making the award has expired or not and whether the award has been made or not, enlarge from time to time the time for making the award. (2) Any provision in an arbitration agreement whereby the arbitrators or umpire may, except with the consent of all the parties to the agreement, enlarge the time for making the award, shall be void and of no effect. Section 29 - Interest on awards Where and in so far as an award is for the payment of money the Court may in the decree order interest, from the date of the decree at such rate as the Court deems reasonable, to be paid on the principal sum as adjudged by the award and confirmed by the decree. Section 30 - Grounds for setting aside award An award shall not be set aside except on one or more of the following grounds, namely: (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made.....

Arbitration Act, 1940 [Repealed] Section 37

Title: Limitations

State: Central

Year: 1940

.....have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement. (3) For the purpose of this section and of the Indian Limitation Act, 1908 (9 of 1908),1 an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring that the difference be submitted to the person so named or designated. (4) Where the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference arises to which the agreement applies, the Court if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the.....