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Mahipatlal Patel Vs. Chief Engineer and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11 and 85; Arbitration (Protocol and Convention) Act, 1937; Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2008(2)ARBLR198(SC); 2008(2)AWC1857(SC); (2008)3CompLJ205(SC); [2008(3)JCR82(SC)]; (2008)5MLJ481(SC); 2008(6)SCALE89; 2008AIRSCW2737; 2008(5)LH(SC)3670

which runs as under:85. Repeal and saving The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed. … Justice of the High Court of Orissa at Cuttack dated 20th of May, 2005 on an application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short 'the Act') for appointment of an arbitrator and for

Sharda Construction Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6); Arbitration Act, 1940

Reported in : [2004(4)JCR786(Jhr)]

Arbitration and Conciliation Act, 1996 the law which held the filed on the subject of arbitration was the Arbitration Act, 1940. In the said Act, 1940, ordinarily an Arbitrator had no power to decide on his own jurisdiction. The … on the subject of jurisdiction which had held the field until the repeal of Arbitration Act, 1940. For better appreciation, Article 16 of UNCITRAL Model … Justice of this Court in AA Nos. 3 and 5 of 2004 in purported exercise of power Under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act') whereby the application filed

Oil and Natural Gas Corpn. Ltd. Vs. Jindal Drilling and Industries Ltd ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 36, 37(1) and 85; Bombay Court-fees Act, 1959 - Schedule - Articles 1, 3 and 13; Bombay General Clauses Act, 1897 - Sections 8, 8(1) and 9; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Sections 149; United Nations Commission on International Trade Law Conciliation Rules, 1980

Reported in : 2008(6)BomCR546

3 of the Schedule I of the B.C.F. Act excludes from its applicability the award passed under the Arbitration Act, 1940, hereinafter called as 'the Old Act', and further that after enactment of the New Act, which came into … of a former enactment, then references in any other enactment or in any instrument to the provisions so repealed shall, unless a different intention appears, be construed as references to the provisions so re-enacted. Plain reading of … award passed by the learned arbitrator, the appellants filed arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter called as 'the … the said orders. The Appeal No. 77 of 2007 was admitted on 11-10-2007, leaving open the issue as to whether the appellants would be liable

R. Arulsigamani and anr. Vs. Pauldurai Alias Perumal

Court : Chennai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20 and 34; Arbitration and Conciliation Act, 1996 - Sections 21 and 85(2)

Reported in : 2003(3)ARBLR34(Madras); (2003)2MLJ404

force, but the order in that application has been passed on 16.04.2002 after the 1940 Act has been repealed and Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 19% Act') came into force i.e., after … the respondent/first defendant filed an Interlocutory Application in I.A. No. 200 of 1993 under Section 34 of the Arbitration Act, 1940 by contending that the respondent and the petitioners have entered into a registered partnership in the name and … Minerals' are void and restraining defendants No. 2, 3 and 6 to 11 from in any manner representing or claiming as partners of 'Kumari Minerals'

Hatti Gold Mines Company Limited Vs. Khaleel Ahmed Dakhani

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Concilliation Act, 1996 - Sections 34, 36 and 37(1); Code of Civil Procedure (CPC), 1908 - Sections 2, 9, 15, 16, 17, 18, 19, 20, 115 and 148-A - Order 21, Rule 43 - Order 7, Rule 10; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 11; Arbitration Act, 1940; Karnataka Civil Courts Act - Sections 14; U.P. Zamindari Abolition and Land Reforms Act

Reported in : ILR1999KAR4525; 2000(5)KarLJ557

original decree of the Court passing the order. Section 2(e) of the Act defines what the 'Court' is. Arbitration Act, 1940 was repealed by Act 1996. In the earlier Act, expression 'Court' was defined in Section 2(c) of the … appear that on 24-7-1996 company terminated the contract. Judgment-debtor therefore approached the Hon'ble Chief Justice of Karnataka under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') in C.M.P. 7 of 1996

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 … the civil and criminal courts in connection with these disputes, when on 11-12-1944 an agreement of reference was entered into between them by which they

Mohd. Usman Military Contractor, Jhansi Vs. Union of India (Uoi), Mini ...

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8 and 20; Arbitration Act, 1899; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8(1)

Reported in : AIR1969SC474; 1969(17)BLJR385; [1969]2SCR232

: Article 181 should be construed as if the words 'under the Code' were added in it. The Arbitration Act, 1940 repealed paragraph 17 of the second schedule to the Code and re-enacted it in Section 20 with minor modifications. … and 20 correspond to similar provisions in the second schedule to the Code and some sections such as Section 11, are entirely new. In the circumstances, a question may arise whether the provisions of the new Act can

Durga Charan Routray Vs. Secretary, Water Resources Department, Govern ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … that the Hon’ble High Court in M.J.C. No.10 of 1997 vide order dated 09.04.1999 in an application under Section 11 of the Act, 1996, on the consent of both the parties, had appointed Justice Lingaraj Rath (Retd.) as

State of Orissa Represented Through the Secretary Vs. Durga Charan Rou ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … that the Hon’ble High Court in M.J.C. No.10 of 1997 vide order dated 09.04.1999 in an application under Section 11 of the Act, 1996, on the consent of both the parties, had appointed Justice Lingaraj Rath (Retd.) as

Vidyawati Construction Co. Vs. Union of India (Uoi)

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(4); Arbitration Act, 1940

Reported in : 2002(2)AWC1396; [2002(95)FLR499]

Tribunal instead of appointing him as Umpire.6. Learned counsel for the respondent urged that the provisions of the Arbitration Act, 1940, would be applicable in the present proceedings as the new Act came into force on 22.8.1996 vide Notification … third Ordinance on 26.6.1996. All these three Ordinances were made effective from 25.1.1996. The first Ordinance Itself had repealed the Act of 1940. The new Act numbered as 26 of 1996 received the assent of the President … Misc. (Arbitration) Application No. 36 of 1998 for appointment of arbitrators under Section 11(4) of the Arbitration and Conciliation Act. 1996 (in short the Act).