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Shri Shankaranarayana Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Arbitration

Reported in : AIR2008MP5; 2008(1)ARBLR296(MP); 2007(4)MPHT444; 2008(1)MPLJ78; AIR2008MP5; 2008(1)AIRKarR319(FB); 2008AIHC390(MP)(FB

in which it was held that the 1983 Adhiniyam being a later Special Act would prevail over the Arbitration Act, 1940, as provided in Article 254(2) of the Constitution. The Division Bench however was of the prima facie view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the petitioner filed the M.C.C. under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the 1996 … of Rajeev Sagar Tank Project in Guna District of Madhya Pradesh on 19-2-1999. Clause 4.3.29.2 of the Conditions of Contract provides that any claim valued

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … on Section 8 of the General Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after the commencement of this Act, repeals

Wimco Ltd. and anr. Vs. Vikram Singh

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 85(2); Arbitration Act, 1940 - Sections 8 and 20

Reported in : 2002(1)AWC735

Arbitration and Conciliation Act, 1996, has been enforced from 25.1.1996 and the Indian Arbitration Act, 1940, has been repealed. Therefore, the suit is not maintainable and is liable to be dismissed. On this plea, issue No. 5 … 142 of 1996 was filed by the respondent against the revisionists under Sections 8 and 20 of the Arbitration Act, 1940. The revisionists contested the suit. One of the plea taken was that the suit was filed on 6.9.1996, … 142 of 1996 was filed by the respondent against the revisionists under Sections 8 and 20 of the Arbitration Act, 1940. The revisionists contested the

Padmavathi Constructions Vs. Andhra Pradesh Industrial Infrastructure ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Ordinance, 1996 - Sections 1(3), 8, 13, 34, 42 85 and 86; Arbitration and Conciliation Act, 1996 - Sections 11; Constitution of India - Articles 123 and 226; Arbitration Act, 1940 - Sections 2, 30, 33 and 42; The Arbitration (Protocol and Convention) Act, 1937; The Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1999(5)ALD609

on 23-1-1998 before the 5th respondent and the same was filed under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter called 'the Act') to set aside the Award dated 27-10-1997 passed by the Arbitral Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application. The learned Counsel also contended that Section

Good Value Engineers Vs. M.M.S. Nanda

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 37, 37(1), (2) and (3); Arbitration and Conciliation Act, 1996 - Sections 21, 85, 85(1) and (2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Indian Limitation Act, 1908

Reported in : 2002(61)DRJ573

an answer is as to whether in the facts of the case in hand the provisions of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996 would apply.2. This question arises on basis of the facts that … promulgated the Arbitration and Conciliation Ordinance on 16.1.1996. With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3. It is on the strength of these facts that it had been urged in terms that since notice … this back/drop, one can conveniently refer to the relevant provisions of law.5. Section 21 of the Arbitration and Conciliation Act, 1996, in its stark brevity

Subhash Projects and Marketing Limited Vs. JaIn Farms and Resorts Ltd. ...

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Arbitration and Conciliation Act, 1996 - Sections 7, 8, 16 and 85

Reported in : ILR2003KAR4343

which the plaintiff and defendant No. 1 had agreed to subject themselves to arbitration proceedings has since been repealed and the new Act has come into force. As the old Act cannot survive, it is not open … or relating to the said agreement, which cannot be settled amicably by the parties in accordance with the Arbitration Act, 1940. The present suit is with respect to the matters agreed to be resolved by having recourse to arbitration … of the said suit, the first defendant has filed I.A.No. IV under Section 8 of the Arbitration and Conciliation Act, 1996, with a request to

Birat Chandra Dagara Vs. Steel Authority of India Limited Through Gene ...

Court : Orissa

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 10 and 11; Arbitration Act, 1940 - Sections 8 and 17

Reported in : 2003(2)ARBLR276(Orissa); 95(2003)CLT396

The further claim is that in view of the fact that the Arbitration Act of 1940 had been repealed and the new enactment has come into force with effect from 22.8.1996, all pending cases come under the … case the dispute could not be resolved, the same should be referred to arbitration in accordance with the Arbitration Act, 1940 and the rules made thereunder. Complaining that he had invoked the arbitration clause in the agreement and the … 1. The question arising for consideration in all these applications made under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996 being the

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. … 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 … court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition of Section

M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151; Arbitration and Conciliation Act, 1996 - Sections 1(3), 46, 47, 48, 49, 50(1), 85(2) and 86(2); Arbitration Act, 1940 - Sections 14 and 17; Foreign Awards Act - Sections 2(7), 7, 8, 21, 47 and 48; Foreign Awards (Recognition & Enforcement) Act, 1961; General Clauses Act, 1897 - Sections 6; Constitution of India - Articles 123, 213 and 367(2)

Reported in : AIR2001SC2293; 2001(2)ARBLR1(SC); (2001)3CompLJ9(SC); JT2001(Suppl1)SC263; 2001(3)SCALE708; (2001)6SCC356; [2001]3SCR479; MANU/SC/0329/2001

contract for the sale and purchase contained an arbitration agreement. The arbitration proceedings commenced on 14.9.1995 under the Arbitration Act, 1940 (for short the hold Act'). Award was given on 24.9.1997 by the time the Act had come into … before that right could be exercised the Foreign Awards Act had been repealed. It cannot, therefore, be said that any right had accrued to the … shall be deemed to have come into force on 25.1.1996' is a total error. On the other hand, Section 1(3) as shown in the Gazette is to the effect that 'it shall come into force on such date

Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Subject : PropertyArbitration

Acts : Partnership Act - Sections 44; Arbitration Act, 1940 - Sections 8, 20 and 34; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1) and 8(3)

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

M/s Parasnath Builders Pvt. Ltd. as well as Smt. Kalpana Kothari filed applications under Section 34 of the Arbitration Act, 1940, in the Trial Court, relying upon the arbitration clauses contained in the Partnership Deed dated 31.1.87 and the … they do no press their applications under Section 34 of the Arbitration Act, 1940, in view of the repeal of the 1940 Act and for their dismissal as not pressed and consequently, the same was allowed on