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Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … Part II of the Act which has two Chapters, Chapter I dealing with New York Convention Awards and Chapter II dealing with Geneva Convention Awards. In this matter we are concerned with Chapter I which comprises of Sections … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act. What is of relevance is proposition No. 5, which

In Re: Joghee Gowder and ors.

Court : Chennai

Subject : Arbitration

Reported in : (1956)1MLJ234

to be the Court and become a pure arbitrator and that the provisions of Chapter IV of the Arbitration Act, 1940, as well as the provisions of Schedule II of the Civil Procedure Code (since repealed), necessarily implied that

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1839 - Sections 1; Code of Civil Procedure (CPC), 1908

Reported in : AIR1967Bom347; (1966)68BOMLR586

been raised in this notice of motion is as to whether the Court under Section 29 of the Arbitration Act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the … entitled to claim interest if the conditions of the said Act were fulfilled has not been superseded or repealed by the Arbitration Act. In this behalf he invited me attention to Section 49 of the Arbitration Act … depends upon true and proper construction of Section 29, which occurs in Chapter V containing general provisions applicable to all kinds of awards runs as … Rule 3 of the rules framed under Section 12 of the ordinance III of 1954 can revise or review the order passed by the highest

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, … arbitration. Part II has two chapters; Chapter I contains provisions relating to the New York Convention Awards and Chapter II contains provisions relating to the Geneva Convention Awards. Part III of the Act has provisions concerning conciliation. Part … arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M.

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

in force in India . Now the Arbitration Act 1940 has been repealed. In the present case also, the 'proper law' is the laws in … contended by Shri Dave that law of arbitration in India was earlier substantially contained in three enactments, viz., Arbitration Act, 1940, Arbitration (Protocol and Convention) Act, 1937 and the Foreign Act. The Legislature in its wisdom has made 1996 … shall be considered as a domestic award. Shri Dave further submits that Sections 7 to 9 falling under Chapter II Section 10 to 15 falling in Chapter III, Sections 16 and 17 falling in Chapter IV are provisions

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Subject : BankingCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 24(1), 26, 26(2) and 27; Securities and Exchange Board of India (Amendment) Act, 2002; Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940; Goa, Daman and Diu Civil Court Act, 1965 - Sections 4 and 22; General Clauses Act, 1897 - Sections 6 and 6(3); Criminal Law (Amendment) Act, 1952 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 115, 374(2), 374(3), 397, 397(1) and 468; Code of Criminal Procedure (CrPC) , 1882 - Sections 31 and 439; Constitution of India - Article 227

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

Matched in: Citation II(2008)BC619; [2009]151CompCas485(Delhi)

Daniel Dorairaj Vs. Management of the Buckingham and Carnatic Co. Ltd. ...

Court : Chennai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1) and 33-C(2); Indian Arbitration Act, 1940; Constitution of India - Article 226; Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 20 and 20(2); Revenue Recovery Act

Reported in : AIR1962Mad212; [1962(5)FLR114]; (1962)ILLJ91Mad; (1962)2MLJ47

for October 1958, granted to the workers concerned by an award made under the provisions of the Indian Arbitration Act, 1940. Certain demands were made by a section of the workmen of the Buckingham and Carnatic Co., Ltd., on … fall within the scope of sub-section (2). In support of this contention particular reference is made to the repealed section 20 of the Industrial Disputes (Appellate Tribunal) Act, 1950. Sub-section (1) of this section is in terms … be under a settlement or an award or under the provisions of Chapter V-A of the Industrial Disputes Act, 1947, and that if any workman … Act, as what ws contemplate by the words any benefit in Sub-section 2 of Section 33-C, should be under a settlement or an awrd or

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Subject : Company

Acts : Securities Contract and Regulations Act, 1956 - Sections 2 and 4; Companies Act, 1956 - Sections 2(1), 2(7), 2(10), 3, 4(5), 4(6) and 397; Industrial Disputes Act; Companies Act, 1913 - Sections 153C; Companies Act - Sections 55A; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 1994 - Sections 6, 9(1) and 9(2); Securities and Exchange Board of India Act, 1992 - Sections 1(1), 4, 11(B), 20 and 24; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Sections 10, 11(1) and 12; T.N. Electricity (Taxation on Consumption) Act, 1962 - Sections 12 and 13; Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 20 and 20(1); Indian Succession Act, 1865; General Cla

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

or petition or memorandum of appeal filed in civil or revenue Court challenging any award made under the Arbitration Act, 1940.Thus, the provisions of Article 3 of Schedule 1 do not apply when an application is filed or appeal … of violation of Regulations does not arise. 21. It may be mentioned that these Regulations have now been repealed by S.E.B.I. and new Regulations have been notified on 20th February, 1997. Only in the new Regulations, the … or voting agreements or in any other manner'Regulation 3 (d)'Nothing contained in Chapter III of these regulations shall apply toacquisition of shares:Regulation 3 (1)(k)'Nothing contained … voting agreements or in any other manner'Regulation 3 (d)'Nothing contained in Chapter III of these regulations shall apply toacquisition of shares:Regulation 3 (1)(k)'Nothing contained in

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

1996 Act, all matters relating to arbitration, both domestic and foreign, was governed by several statutes, viz., the Arbitration Act, 1940 (for short "the 1940 Act"), Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) … than five sovereign contracting states of the Geneva Convention have not become signatories to the New York Convention, Chapter II of Part II of the 1996 Act already has minimal applicability and may soon have none at all, … Awards (Recognition and Enforcement) Act, 1961. All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely,

Manji Ramji Vs. H.M. Mehta and Co.

Court : Mumbai

Subject : Arbitration

Reported in : AIR1943Bom463; (1943)45BOMLR940

reference must be under the Act, or the award made on a reference under the Act.6. Then in Chapter II there are various provisions relating to arbitration without the intervention of the Court, and Section 14 is the … do not think it necessary to decide this point.8. In my view, on the true construction of the Arbitration Act, 1940, it has no operation in respect of an award made before the Act came into force. It seems … any repeal effected by this Act, continue to apply.The old Act was repealed by Section 49 and the Third Schedule. The argument of the appellant