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The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

Chapter II relates to arbitration without intervention of a Court and Sections 3 to 19 are comprised therein. Chapter III relates to Arbitration with intervention of a Court where there is no suit pending and Section 20 is … 3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

Chapter II relates to arbitration without intervention of a Court and Sections 3 to 19 are comprised therein. Chapter III relates to Arbitration with intervention of a Court where there is no suit pending and Section 20 is … 3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special

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. … an international arbitration agreement governed by the provisions contained in Part III Chapter-I of the Act of 1996. I respectfully Agree with learned Brother Srikrishna … conditions required to be fulfilled for 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 the court states as follows:'(v) the

M/S Shriram Epc Limited Vs. Rioglass Solar Sa

Court : Supreme Court of India

Subject : Land Acquisition

the present Arbitration and Conciliation Act, 1996 then came into force and repealed the Arbitration (Protocol and Convention) Act, 1937, The Arbitration Act, 1940, and … on the ground that it is in excess of, or not otherwise in accordance with, the award.” Under Chapter III, arbitration with intervention of a Court where there is no suit pending is dealt with, and in Chapter … 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

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 … 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 pertaining to arbitration agreement and composition of Arbitral … 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

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, … I also contains some General Provisions (sections 3-6). Chapter II contains provisions relating to Arbitration Agreement (sections 7-9). Chapter III contains provisions relating to Composition of Arbitral Tribunal (sections 10-15). Chapter IV deals with the Jurisdiction of Arbitral … 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.

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)

shareholding or management rights or shareholdersagreements 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 in Regulation 10, 11, 12 of these … 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 … 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.

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)

governed by the provisions of the Goa, Daman and Diu (Extension of Code of Civil Procedure, 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) read with the provisions of the Goa, Daman and Diu Civil … to the Union Territories of Goa, Daman and Diu and the corresponding provisions of the Portuguese Code were repealed while under the Goa Act XVI of 1965 the instant suit which was pending before the Comarca Court … and would have to be tried as such following the procedure under Chapter XX of the Code. It is an altogether different matter that the … Blyth v. Blyth (1966) 1 All ER 524; A.G. v. Vernazza (1960) 3 All ER 97. In Halsbury's Laws of England (4th Edn., Vol. 44,

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

suit pursuant to s. 3 of the Arbitration (Protocol and Convention) Act, 1937, and/or s. 34 of the Arbitration Act, 1940 and/or s. 151 of the Code of Civil Procedure, 1908 and/or the inherent powers of the High Court'; … was made out, the Court could order that the same be filed. Chapter XXXVII, therefore, dealt with arbitration generally - arbitration in pending proceedings, arbitrations … 'Company' for the purposes of that act. Section 389 of the Indian Companies Act, 1956 (before it was repealed by Act 65 of 1960) read as follows :- '(1) A company may, by written agreement refer to … in accordance with the Rules of the said International Chamber of Commerce.' 3. On September 1, 1961, Kamani instituted suit No. 296 of 1961 in