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Nani Bala Saha W/O Narayan Chandra Saha Vs. Ram Gopal Saha and anr., M ...

Court : Kolkata

Subject : Arbitration

Reported in : AIR1945Cal19

to be set aside on the ground of non-registration alone,' and (v) that in view of Section 19, Arbitration Act, 1940, the reference itself was liable to be superseded. 8. On these findings he not only refused to file … with the result that towards the end of 1940 proceedings under Section 107, Criminal P. C, were started in the Court of the Sub-divisional Magistrate … she had adopted--that is to say, by applying under Schedule 2, Civil P. C, which had then been repealed--she misled the opposite parties and the Court. In these circumstances she cannot turn round and say that the

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

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by having recourse to arbitration … 1 had agreed to subject themselves to arbitration proceedings has since been repealed and the new Act has come into force.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 … appoint the umpire or the third arbitrator before proceeding with the reference, the requirement of sub-section (1) of Section 10 is satisfied and sub-section (2) thereof has no application. As earlier stated the agreement satisfies the requirement of

Moradhwaj Vs. Bhudar Das

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8

Reported in : AIR1955All353

With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … awarding costs, or otherwise as are hereinbefore contained in regard to Courts of original jurisdiction.' This section was repealed by Section 1 of Act 23 of 1861, but Section 37 of that Act provided that:'Unless when otherwise … arbitration is concerned, an appellate Court has the same jurisdiction under Section 107, Civil P. C. as a Court of original jurisdiction has, and reading

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 … governed since till that date parties were governed by the Arbitration Act, 1040. Appointment of Arbitrator was made only on 4.7.1996 when 1996 Act had

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … in Section 7 of the new Act and that the number of arbitrators is dealt with separately under Section 10 of that Act which is a part of machinery provision for working of the arbitration agreement. In this … Act treated this as unreasonable disturbance to the tenant entitling him to compensation, the latter Act of 1914 repealed Section 11. The Court held that in spite of the repeal of Section 11 tenant had acquired right to

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'; … '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 … Companies Act, e.g. arbitrations under section 494(3)(b) of the companies Act 1956. 10. It cannot be disputed that the use of the expression 'may' is

Pandavpura Sahakari Sakkare Karkhane vs Sumac International Limited

Court : Karnataka

under the Act 1940.Later by Arbitration and Conciliation Act, 1996 (for short ‘Act 1996’), the Act 1940 was repealed. Section 85 of the Act 1996 which deals with repeal and savings reads as follows: “85. Repeal and savings-(1) … FOR SRI GAURAV G K, ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 39(1) (VI) OF THE ARBITRATION ACT, 1940 READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.02.2019 PASSED IN … UNDER SECTION 39(1) (VI) OF THE ARBITRATION ACT, 1940 READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.02.2019

Cosmo Ferrites Ltd. Vs. Himachal Builders

Court : Himachal Pradesh

Subject : Arbitration

Reported in : 2006(3)ShimLC165

by registered post to the present petitioner. In this letter it was stated that Arbitration Act, 1940 stands repealed by Section 85 of the Arbitration and Conciliation Ordinance, 1996 and, therefore, the prior actions taken under the … the respondent.2. The respondent thereafter filed a petition before this Court under Sections 8 and 20 of the Arbitration Act, 1940 for appointment of an Arbitrator. This petition was registered as Civil Suit No. 33 of 1992. By an … further stated that the Arbitral Tribunal had to be reconstituted under Sections 10 and 11 of the Arbitration and Conciliation Ordinance and it was suggested

Continental Construction Ltd. Vs. Chief Engineer (Construction) N.E. R ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6), 21 and 85; Code of Civil Procedure (CPC), 1908 - Sections 80; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 96(2002)DLT893

1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2) Notwithstanding such repeal-(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced … of the Act are not attracted. It is alleged that the matter could only be governed under the Arbitration Act, 1940.4. During the course of submissions, it was these two preliminary objections, raised on behalf of the respondent which … Continental Construction Limited (hereinafter described as 'the Applicant') invoking Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act').2.

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 … Court or the Judge nominated by him, in exercise of powers under Section 11(6) of Arbitration and Conciliation Act, 1996 (1996 Act, for brevity) can … stood as sureties accepting co-terminus liability. Under the agreement, as per Clause 10(b), if first respondent fails to perform contract obligations, he shall pay compensation