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Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

Subject : Land Acquisition

Fixed court fees continued to be payable as per Court Fees Act, 1870.445. Thereafter a substantive enactment, the Arbitration Act, 1940 was enacted. The above provisions of the C.P.C. dealing with arbitration were repealed. Arbitration Act, 1940 essentially contained … Supreme Court in Brij Mohan Lal v. Union of India &Ors. (supra) On the strength of Rule 7 Chapter III, Part VI of the Bar Council of India Rules, the retired members of the Custom, Excise &

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

Subject : Land Acquisition

Fixed court fees continued to be payable as per Court Fees Act, 1870.445. Thereafter a substantive enactment, the Arbitration Act, 1940 was enacted. The above provisions of the C.P.C. dealing with arbitration were repealed. Arbitration Act, 1940 essentially contained … Supreme Court in Brij Mohan Lal v. Union of India &Ors. (supra) On the strength of Rule 7 Chapter III, Part VI of the Bar Council of India Rules, the retired members of the Custom, Excise &

Vinitha Associates Ltd. and anr. Vs. Lakshna Holdings Pvt. Ltd. and or ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4), 34, 34(2) and 43; Limitation Act, 1963 - Schedule - Article 137; Arbitration Act, 1940 - Sections 8, 20 and 33

Reported in : 2007(4)ARBLR575(Madras)

Article 137 of the Limitation Act, 1963 is applicable to file an application under Section 20 of the Arbitration Act, 1940 as decided by this court in the case of Vulcan Insurance Co. Ltd. v. Maharaj Singh : [1976]2SCR62 … preliminary objection was raised by the petitioner contending that the claim is barred by limitation in terms of Chapter 5 of the Capital Market Segment Regulations - Part A, which provides for the procedure for arbitration. The … be said that the period of limitation gets extended. The letter dated 05.12.1997 referred to by the learned Counsel for the respondents firstly is beyond

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 … 50% of the amount. Rs. 7,78.280/- was deposited by the appellant on 05.11.2001. The stay, therefore, only operated for the balance amount. On the balance

Himachal Pradesh Cooperative Group Housing Society Vs. Umesh Goel and ...

Court : Delhi

Subject : ArbitrationCivil

Acts : Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2) and 69(3); Limitation Act - Sections 14; Arbitration Act, 1940 - Sections 8, 8(2) and 20; Arbitration and Conciliation Act, 1996 - Sections 2(1), 9 and 36; Contract Act; Registration Act - Sections 17(1); Electricity (Supply) Act - Sections 49

Reported in : 2007(4)ARBLR353(Delhi)

J., however, has also expressed the opinion that a petition under Sections 8 and 20 of the erstwhile Arbitration Act, 1940 was not maintainable for the reason that the plaintiff was an unregistered firm. After noticing this precedent, Sultan … a civil right, which, however, does not arise in the before us.5. The reasons given for introducing the Chapter on Registration of Firms are given in the Report of the Special Committee set up to examine the

Alliance Jute Mills Co. Ltd. Vs. Lalchand Dharamchand and anr.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 34 and 35

Reported in : AIR1978Cal19

the judgment and order of Ghosh, J. D/-10-11-1971 staying the suit filed herein under Section 34 of the Arbitration Act, 1940.2. The facts are that by exchange of a bought and a corresponding sold note both bearing No. RJ-50521 … trade or to uphold raw jute therein as provided in Rules Nos. 1 (1) and 2 (i) of Chapter XII of Volume III for trading in T.S.D. contracts in raw jute and jute goods we fail to

Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited

Court : Delhi

Subject : 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 … GAFTA, London in its Award dated 04.12.1997 accepted the buyers‟ case.4. On 05.02.1997, the buyers made a separate claim for arbitration for sellers‟ alleged breach … 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

M/S Shriram Epc Limited Vs. Rioglass Solar Sa

Court : Supreme Court of India

Subject : 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, … Respondent filed a petition under Section 47 of the 1996 Act, dated 05.08.2015, to enforce the said award. As stated hereinabove, all objections to the

M/S. Gdr Financial Services Pvt. Ltd. and Another Vs. M/S. Allsec Secu ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 7, 8, 9, 21 and 42; Arbitration Act, 1940

Reported in : [2003]115CompCas529(Mad); [2004]55SCL515(Mad)

Para-9 of the said decision it has been held as follows:'The 1996 Act is very different from the Arbitration Act, 1940. The provisions of this act, have, therefore, to be interpreted and construed independently and in fact reference to … that all the transactions are subject to the bye laws of NSE. According to the 2nd defendant, under Chapter XI of the said Bye Law, all differences and disputes between a trading member and constituent arising out

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