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Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited
Delhi
May-29-2014
Arbitration
would not be applicable to the present case as that judgment was based on the provisions of the Arbitration Act, 1940 and the Foreign Awards Act, 1961 both of which have been repealed. It is further urged that Section … the two Appeal Awards dated 21.09.1998 were rejected and the Appeal Awards were held to be enforceable under Chapter-I Part-II of the Act. The order did not dispose of all the prayers of the decree holder and
Tag this Judgment! AI Brief & AskSri P Tarachand Vs. Sri Seshamal M Jain
Karnataka
Dec-06-2019
Arbitration
after conducting a full-fledged trial.12. Learned senior counsel also invited my attention to the various provisions of the Arbitration Act, 1940 (for short the Act of 1940) in order to contend that by virtue of the provisions contained in … that under the said Act, arbitral proceedings can commence by way of two modes, viz., through Court under chapters III and IV and outside Court under Chapter II. The Apex Court in the aforesaid judgments has not
Tag this Judgment! AI Brief & AskKrebs Biochemicals and Industries Ltd. Vs. Nannapaneni Venkat Rao, Co- ...
Andhra Pradesh
Jul-06-2009
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 7(1), 7(2), 7(4), 7(5), 11, 11(5), 11(6), 11(9), 16, 16(1), 16(6), 30, 31 and 34; Andhra Pradesh Co-operative Societies Registration Act, 1964 - Sections 12A, 12A(1), 12A(2) and 12A(9) to 12A(13); Arbitration Act, 1940 - Sections 33; (British) Arbitration Act, 1996 - Sections 7; Indian Contract Act, 1872 - Sections 65
AIR2009AP216; 2009(5)ALT98
such issues. Before referring to these precedents, it may be mentioned that in cases that were decided under Arbitration Act, 1940 (which has been repealed by new Act), Supreme Court took the view that 'where an agreement is invalid, … New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958 respectively. Part I consisting of ten Chapters (Sections 2 to 43) follows the provisions of UNCITRAL Model Law except 10(1) (number of Arbitrators) and Section
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M/S. Kotak Mahindra Bank Ltd. Rep. by Its Manager Vs. Mahaveer Chand D ...
Chennai
Aug-24-2012
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 … charging of interest on various advances. Those Circulars are dated 01.07.2005, 01.07.2006, 02.07.2007, 01.07.2008 and 01.07.2009. In fact, they were marked as Ex.R1 to Ex.R5
Tag this Judgment! AI Brief & AskAmitabh Bachchan Vs. Deputy Commissioner of Income Tax
Income Tax Appellate Tribunal ITAT Mumbai
May-18-2005
MRTP
(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
Tag this Judgment! AI Brief & AskM/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...
Supreme Court of India
Apr-25-2023
Arbitration
was dealing with the following set of facts: An award was made by an Umpire under the Indian Arbitration Act, 1940, which was filed in the Court. The appellant applied to set aside the Award, inter alia, contending that … Section 31 deals with adjudication as to proper stamp. The adjudication is to be made by the Collector. Chapter IV contains Section 33 and the Chapter heading is ‘Instruments not duly stamped’. In the Stamp Act, Section
Tag this Judgment! AI Brief & AskDlf Ltd. (formerly Known As Dlf Universal Ltd.) Vs. Koncar Generators ...
Supreme Court of India
Aug-08-2024
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 … Trial Court dismissed the objections filed under Section 48 by order dated 02.04.2011. The appellants filed a revision, which the High Court admitted by order
Tag this Judgment! AI Brief & AskM/S. Anand Construction Company Vs. State of U.P.
Allahabad
Sep-10-2012
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
Tag this Judgment! AI Brief & AskM/S Shriram Epc Limited Vs. Rioglass Solar Sa
Supreme Court of India
Sep-13-2018
Land Acquisition
contesting the validity of the award are pending in the country in which it was made.” 13. The Arbitration Act, 1940 then came into force, repealing both the Arbitration Act, 1899 as well as the Second Schedule to the … laws dealing with arbitration. The first was contained in the Code of Civil Procedure, 1882. In Part V, Chapter XXXVII spoke of reference to arbitration. Under Sections 506 to 522 of the Code of Civil Procedure, 1882,
Tag this Judgment! AI Brief & Aski.T.C. Limited Vs. Pradeep Anand and ors.
Delhi
Jul-03-2006
ArbitrationCompany
Arbitration Act, 1940 - Sections 2, 4, 14, 14(2), 16(1), 17, 19, 20, 20(4), 30 and 33; Monopolies and Restrictive Trade Practices Act - Sections 27B, 30B, 30C, 30D, 30E, 48B and 48B(1); Securities Contracts (Regulation) Act, 1956 - Sections 13, 16, 16(1) and 23; Companies Act, 1956 - Sections 81(1), 286, 372, 373, 372(4) and 372(5); Companies (Amendment) Act, 1960; Sick Industrial Companies (Special Provision) Act, 1985; Arbitration Act, 1889 - Sections 4 and 19; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 35; Contract Act, 1872; Income Tax Act, 1961 - Sections 269UC; Conciliation and Arbitration of the International Chamber of Commerce Rules - Rule 83; Companies (Central Governments) General Rules, 1956 - Rule 11C; Code of Civil Procedure (CPC) , 1908 -
2006(3)ARBLR67(Delhi)
ITC Limited (for short, ITC) filed a suit bearing CS (OS) No. 1084A/1998 under Section 14(2) of the Arbitration Act, 1940 (hereinafter to be referred to as, the said Act) seeking filing of the said Partial Award in Court. … firm, group, constituent of a group, body corporate, or bodies corporate under the same management (hereinafter in this Chapter referred to as the acquirer), is prohibited, by Sub-section (1) from acquiring or agreeing to acquire except with
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