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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of Chapter IV of the Arbitration Act, 1940, as well as the provisions of Schedule II of the Civil Procedure Code (since repealed), necessarily implied that

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

a Court where there is no suit pending and Section 20 is the only section in that chapter. Chapter IV deals with Arbitration in suits and comprises Sections 21 to 25, while Chapter V relates to general provisions … 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

a Court where there is no suit pending and Section 20 is the only section in that chapter. Chapter IV deals with Arbitration in suits and comprises Sections 21 to 25, while Chapter V relates to general provisions … 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. … contrary'.87. The Geneva Protocol on Arbitration Clauses in Commercial Matters (1923) (Article IV, Para 1), the New York Convention (Article II, Para 3) as well … 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 … 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

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 … 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 Tribunal as well as its jurisdiction. Chapter V … 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 … the defendant was to pay the said sum of Rs. 1,17,212.73 within 4 days from the receipt of the notice and the plaintiffs also gave

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, … 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 Tribunals (sections 16-17). Chapter V lays down provisions concerning Conduct 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.

Hari Shankar Bhargaya Vs. Mohan Devi and ors.

Court : Delhi

Subject : Arbitration

Acts : Registration Act, 1908 - Sections 17(1); Arbitration Act, 1940 - Sections 20

Reported in : ILR1975Delhi82

court'. Chapter Iii is headed as 'arbitration with intervention of a Court where there is no suit pending'. Chapter Iv has the title of 'arbitration in suits'.(13) The three clauses of arbitration were dealt with in paras 1, … is to be decided and as I have said there is scant authority on this question under the Arbitration Act, 1940. Mr. Bhatia, counsel for the petitioner, has raised a three-fold argument. He says that the document does not … and 20 of Schedule Ii, Code of Civil Procedure (1908) before its repeal and thereafter in Chapters Iv, Iii and Ii of the Indian Arbitration

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 … the communication, the then District and Sessions Judge, Delhi passed orders dated 4.12.2004 directing that all SEBI cases pending in the Court of Ms. Madhu

News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 11, 11(5), 11(6), 11(6)(1), 11(7), 11(9), 16, 16(1), 16(6) and 34; Indian Contract Act, 1872 - Sections 23 and 27; Arbitration Act, 1940 - Sections 33; Constitution of India - Article 23

Reported in : 2009(4)ALT657

law declared by Supreme Court in these two leading authorities was with reference to the provisions of the Arbitration Act, 1940 (1940 Act, for brevity). Does it continue to hold the field? This Court is afraid to say 'no' … any application. It is well settled that any decision of Supreme Court interpreting the law, which has been repealed by the New enactment cannot be treated as declaration of law with reference to New Act unless and … clause as to arbitration contain therein must also be invajid' (see para 4 of Khardah Company Limited). The Supreme Court also held that, 'an arbitration … Enforcement of Foreign Arbitral Awards, 1958 respectively. Part I consisting of ten Chapters (Sections 2 - 43) follows the provisions of UNCITRAL Model Law except