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The National thermal Power Corporation Ltd. Vs. the Singer Co. and ors ...
Delhi
Feb-12-1991
Arbitration
Arbitration Act, 1940 - Sections 14, 30 and 33; Indian Limitation Act, 1908; Foreign Awards (Recognition & Enforcement) Act, 1961
1991(1)ARBLR313(Delhi); 44(1991)DLT122; ILR1991Delhi452
J. (1) The question which arises for consideration in this appeal is whether the provisions of the .Indian Arbitration Act, 1940 (hereinafter referred to as 'the ArbitrationAct) are applicable to an interim award made at London by an Arbitral … furnished to both the parties.27.6.2 The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act, 1940 or any statutory modification thereof. the venue of arbitration shall be New Delhi,India.27.7 In the event of foreign
Tag this Judgment! AI Brief & AskMunicipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...
Mumbai
Jun-19-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 37, 85(1) and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3 and 13; General Clauses Act, 1897 - Sections 8 and 8(1); Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Constitution of India; Arbitration and Conciliation Ordinance, 1996; Bombay High Court (Original Side) Rules, 1980 - Rule 28
2008(6)BomCR540
in the said Act would therefore disclose that any award which is not passed or declared under the Arbitration Act, 1940 if challenged by way of petition or appeal with an intention to get it set aside or modified, … of Schedule I of the said Act, the Legislature in its wisdom has excluded the award passed under Arbitration Act, 1940 and the same principle should apply in case of award passed under the Arbitration and Conciliation Act, 1996.
Tag this Judgment! AI Brief & AskMr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...
Mumbai
Oct-23-2008
ArbitrationCivil
Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28
AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).
Matched in: Advocate S.S. Kanetkar, Adv. in Writ Petition No. 4064 of 2008, R.D. Dhanuka, ;R. Yadav, ;R.Y. Shirsekar and ;H.C. Pimple, Advs. in Arbitration Petition No. 340 and 341 of 2007 and Arbitration Petition (L) No. Vikas Shivarkar, Adv. for Respondent Nos. 3 and 4 in Writ Petition No. 4064 of 2008, ;Zal Andhyarujina, ;Rajeev Talasikar and ;Shivani, Advs., i/b., Javed Gaya, Adv. in Arbitration Petition No. 340 an
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Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.
Punjab and Haryana
Apr-24-2002
ArbitrationCompany
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226
[2003]117CompCas660(P& H)
reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … arbitration in this country has been traced and, on the basis thereof, the apex court concluded that the Arbitration Act, 1940, was a consolidating and amending statute (relevant extracts from the aforesaid judgment have been reproduced in this order
Tag this Judgment! AI Brief & AskMoradhwaj Vs. Bhudar Das
Allahabad
Jan-04-1955
Arbitration
Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8
AIR1955All353
With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … Arbitration - reference of pending cases to arbitration by execution Court - Sections 2 (c) and 21 of Arbitration Act, 1940 - 'suit' to be understood as original proceeding in the Court of first instance - execution proceedings not
Tag this Judgment! AI Brief & AskBpl Communications Ltd. Vs. Punj Lloyd Ltd.
Delhi
Nov-03-2003
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 8(1), 8(3), 11, 12, 13, 16, 19 and 42; Arbitration Act, 1940 - Sections 8, 20, 24 and 34; Code of Civil Procedure (CPC)
2004IAD(Delhi)8; 2004(1)ARBLR46(Delhi); [2005]125CompCas41(Delhi); 108(2003)DLT198; 2004(1)RAJ256
to the suit are not parties to the arbitration agreement. As against this, under Section 24 of the Arbitration Act, 1940, some of the parties to a suit could apply that the matters in difference between them be referred … by them. The judgment in Govind Ram Bhatia (supra) is distinguishable. It arose out of a proceeding under Arbitration Act, 1940. The question was whether the said proceedings were liable to be stayed by virtue of Section 34 of
Tag this Judgment! AI Brief & AskMilkfood Limited Vs. G.M.C. Ice Cream Private Limited and ors.
Delhi
Oct-13-1998
Arbitration
Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996
83(2000)DLT130
The petitioner Milk Food Ltd., has approached this Court by filling a petition under Section 33 of the Arbitration Act, 1940 in which a prayer has been made that order be passed clarifying that the provisions of Indian Arbitration … 1940 in which a prayer has been made that order be passed clarifying that the provisions of Indian Arbitration Act, 1940 would apply to the arbitration proceedings pending before the Arbitrators and the order of the two Arbitrators passed
Tag this Judgment! AI Brief & AskPrime Century City Developments Pvt. Ltd. Vs. Ansal Buildwell Limited
Delhi
Oct-31-2002
Contract
Arbitration and Conciliation Act, 1996 - Sections 8, 8(1), 8(3) and 9; Companies Act - Sections 433, 434 and 439; Arbitration Act, 1940 - Sections 20, 34, 397 and 398; Code of Civil Procedure (CPC) - Order 37; Statutory Mediatorial Act; Specific Relief Act, 1963 - Sections 14
2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)
could be co-related to the relief of the Company Petition. These observations were made in relation to the Arbitration Act 1940, the provisions of which are far less stringent than those of the Arbitration and Conciliation Act 1996, as … filed applications in the suit before the trial court invoking the provisions contained in Section 34 of the Arbitration Act, 1940 and not only the applications file by the first respondent before the trial court were rejected but the
Tag this Judgment! AI Brief & AskAirports Authority of India Vs. Sea Hawk Cargo Carriers P.
Delhi
Apr-30-2004
ArbitrationContract
Arbitration Act, 1940 - Sections 2 and 30
2004(74)DRJ735
till payment, a rule of the Court is upheld. Contract - agreement - Sections 2 and 30 of Arbitration Act, 1940 - appeal against judgment dismissing objection under Section 30 - appellant not able to establish that claimant had … 5th December, 2002 in Suit No.1112A/96 and is No.11711/96 which dismissed the objections under Section 30 of the Arbitration Act, 1940(hereinafter referred to as the `Act') has been preferred by the International Airport Authority of India(in short the IAAI).
Tag this Judgment! AI Brief & AskSh. Rajinder JaIn Vs. Sh. Rakesh Jain
Delhi
Oct-12-2004
CivilArbitration
Arbitration Act, 1940 - Sections 8, 8(1) and 12(2); Arbitration and Conciliation Act, 1996 - Sections 11
114(2004)DLT723
by the Chief Engineer. One of the arties approached the Additional District Judge under Section 12(2) of the Arbitration Act, 1940 for revoking the authority of the Arbitrator. The prayer was granted. Eventually the case came up for consideration … contended that it is significant that the Legislature has not used the words in Section 8(b) of the Arbitration Act, 1940 ''....the arbitration agreement does not show that it was not intended that the vacancy should not be suppllied''
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