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Apex Encon Projects Pvt. Ltd. Vs.union of India & Anr.

Court : Delhi

Subject : Arbitration

notice of arbitration is the first essential step towards the making of a default appointment in terms of Chapter II of the Arbitration Act, 1940. Although at that point of time, no person or group of persons … V. GMC Ice Cream (P) Ltd., (2004) 7 SCC288(MANU/SC/0316/2004). The controversy there pertained to as to whether the Arbitration Act, 1940 would apply or the new Arbitration Act, 1996 would be applicable to the facts of the case. The

M/S. Kotak Mahindra Bank Ltd. Rep. by Its Manager Vs. Mahaveer Chand D ...

Court : Chennai

Subject : Education

of a Court in cancelling an award as envisaged under Section 34 of the Act. Under the Old Arbitration Act, 1940 setting aside the award has been provided in Section 30 of the Act. In the present Arbitration and … has been provided in Section 30 of the Act. In the present Arbitration and Conciliation Act, 1996, in Chapter VII, in Section 34, the remedy of setting aside the award under certain circumstances is provided. 22. Section … 9.5% p.a. to 15.75% p.a. (16.75% p.a., less 1%) with effect from 01.10.2008. Accordingly, the installment due together with enhanced rate of interest was demanded.

Amitabh Bachchan Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : MRTP

Reported in : (2005)97TTJ(Mum.)516

consent and further consent for allocation of income between assessee and M/s ABCL is well recognized under the Arbitration Act, 1940. Chapter II of the Arbitration Act provides arbitration without intervention of the Court, while Chapter III of the Arbitration

Indian Institute of Technology, Kanpur Vs. Anushree Constructors and C ...

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1 (3), 9, 21, 34, 34 (2) and (3), 36, 75, 81 and 85 (1) and (2); Arbitration Act (old), 1940 - Sections 30; Arbitration (Amendment) Act - 1980; Institutes of Technology Act, 1961; Arbitration and Conciliation Ordinance, 1996; Allahabad High Court Rules, 1952; Constitution of India - Articles 136 and 226; Limitation Act, 1963 - Sections 43; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1999(4)AWC3493

the parties hereto. The submission shall be deemed to be submission to arbitration under the meaning of the Arbitration Act, 1940 or any statutory modification re-enactment thereof for the time being in force.'3. The agreement containing aforequoted arbitration clause … undelivered cover was received back after delivery. The service on respondent No. 2 shall be deemed sufficient under Chapter VIII (Explanation II), Allahabad High Court Rules (Rules of Court. 1952).17. On 21st July. 1999 this Bench was

Dlf Ltd. (formerly Known As Dlf Universal Ltd.) Vs. Koncar Generators ...

Court : Supreme Court of India

Subject : Land Acquisition

award should be applied. The Court reasoned that this Court’s judgment in Forasol (supra) was passed under the Arbitration Act, 1940 and hence, does not apply in the present case. Instead, the High Court referred to the Delhi High … to be a decree of the court when it is satisfied that it is enforceable under Part II, Chapter I of the Act. It reasoned that such satisfaction required under Section 49 is complete only when the … Subsequently, the revision came to be dismissed by the High Court on 01.07.2014, by which the award attained finality as this order was not challenged

M/S. Anand Construction Company Vs. State of U.P.

Court : Allahabad

Subject : Arbitration

Suit No.263 of 1981 since the suit was a money suit and the court never appointed the Arbitrator. Chapter II of the Arbitration Act, 1940, deals with arbitration without intervention of a Court. Section 14 therein provides … Bond No.8/EE dated 04.09.1978. Upon notice the defendant appeared and filed an application under Section 34 of the Arbitration Act, 1940 (hereinafter referred to as '1940 Act') for stay of the suit in view of the arbitration clause in

Government of India Vs. Vedanta Limited (Formerly Cairn India Ltd.)

Court : Supreme Court of India

Subject : Land Acquisition

the Act, the Law of Arbitration in this country was substantially contained in three enactments namely (1) The Arbitration Act, 1940, (2) The Arbitration (Protocol and Convention) Act, 1937 and (3) The Foreign Awards (Recognition and Enforcement) Act, 1961. … which provides that the court would require to be “satisfied that the foreign award is enforceable under this Chapter”. It was submitted that this is further supported by the language of Section 46 of the Act which … approved by the Management Committee on 25.03.1998, and by the Government on 01.04.1999. By 1999-2000, the increased rate of production at 50,000 BOPD was achieved.

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

void contract and the same is not capable of being in force in view of the repeal of Arbitration Act, 1940?.2. Whether the plaintiffs prove that there was no dispute capable of being referred for arbitration and as such … 5 2. Whether the plaintiffs prove that the Arbitral Tribunal has completely ignored the mandatory procedure prescribed under Chapter III of the Act, in particular Sections 11, 14, 15 and 16 of the Act?.3. Whether the plaintiffs

NRC Limited Vs. Kalyan Dombivli Municipal Corporation and Another

Court : Mumbai

Subject : Land Acquisition

for an order of reference on such matter and on such application being made the provisions of the Arbitration Act, 1940 (X of 1940), relating to arbitration in suits shall, so far as they can be made applicable apply … the Escrow Account. KDMC also contended that the agreement dated 22nd April, 2009 was not in accordance with Chapter-5 of BPMC Act, in as much as, there was no approval of the Standing Committee for execution of

Noy Vallesina Engnr.spa (nka Noy Ambiente S.p.a.) A Corp. Organised An ...

Court : Supreme Court of India

Subject : Arbitration

the same is a self-contained code relating to arbitration.’ 89. It is, thus, to be seen that the Arbitration Act, 1940, from its inception and right through to 2004 (in P.S. Sathappan [P.S. 32 Supra n. 17 33“50.Appealable orders.-(1) … two awards, i.e. the partial and final awards, under Sections 47 and 48 of the Act, in the chapter relating to foreign awards. This petition was allowed and Jindal’s objections against the two awards’ enforceability were overruled. … the claims and counter claims, the tribunal made a partial award on 01.02.2000; by that award, Jindal’s claims were rejected. NV Engineering was awarded SFr.44,33,416