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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

holding that the proceedings would be governed by the Arbitration Act, 1940. 12. Perusal of the cited decision clearly shows that what found favor with … 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 With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3.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

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Section 9, 36, 37, 49, 50, 16, 17, 46, 47 and 48, 19, 41; Income Tax Act, 1961 - Section 156; Code Of Civil Procedure 1908 - Section 47, 104 (1), 115, 2(2), 104, 47 rw Order 21; Arbitration Act, 1940 - Section 49, 39; Maharashtra Act 17 of 1986 - Section 3; Presidency Towns Insolvency Act, 1909 - Section 9(2); SICA Act - Section 22; Specific Relief Act, 1877 - Section 9

D. ARBITRATION ACT, 1940 (a) Section 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code. The said Act applied only to the … Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court, Bombay, Code of Civil Procedure, 1908, and Arbitration Act 1940 (the 1940 Act). A. PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … & 477/11 and Notice No. 734 of 2009 in Arbitration Award dated 12 April 2007. The Appellants in Appeal No. 345 of 2011 (Jet Airways

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

proceedings cannot have the application of any provision of old Act or 1940 and the old Act was repealed and the Hire Purchase Agreement in the real sense is the agreement entered into as per the provisions … void contract and the same is not capable of being in force in view of the repeal of Arbitration Act, 1940?.2. Whether the plaintiffs prove that there was no dispute capable of being referred for arbitration and as such … and also the grounds urged in the said arbitration suit filed under Section 34 of the Arbitration and Conciliation Act, 1996 and also on the … said judgment and decree passed in Arbitration Suit No.18 of 2006 dated 12.08.2014, the present miscellaneous first appeal is filed before this Court. 75. Learned

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 … period has been renewed. Originally, the firm Kumari Minerals was started on 12.02.1973 with two partners viz., defendants 1 and 2 and the firm was

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

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 … Court" which may, on the application of any party to a reference, remove an arbitrator or an umpire.16. Section 12 deals with a power of a Court to appoint an Arbitrator to fill up any vacancy.17. Section 14

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

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

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 … Court' which may, on the application of any party to a reference, remove an arbitrator or an umpire.16. Section 12 deals with a power of a Court to appoint an Arbitrator to fill up any vacancy.17. Section 14

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 … for the respondents submitted that this Court has already held in Para 12 of the judgment in Spedra Engineering Corporation, Engineers and Contractors v. State

M.G.F. (India) Ltd. Vs. Sh. Rajinder Singhal and anr.

Court : Delhi

Subject : ArbitrationTenancy

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 21 and 85

Reported in : 2003VIAD(Delhi)160; 2003(3)ARBLR162(Delhi); 106(2003)DLT422; 2003(70)DRJ439; 2003(3)RAJ414

of the petition, it is stated in the reply that since the Indian Arbitration Act, 1940 has been repealed by Section 85 of the Ordinance and is no longer part of the statute and thereforee no petition … H.R. Malhotra, J. 1. This is a petition under Section 20 of the Arbitration Act 1940 seeking reference of disputes to the Arbitrator as named in the Lease Agreement dated 11th December,1991. The facts … 3,64,000. 2. The said equipment i.e. Ashok Leyland Diesel Engine complete with 125 KVA alternator and all standard accessories were leased out to respondent No.1

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 … Rules. It completely reversed the law, 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 Law is reproduced herein below ;-'Article … 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 … we must notice that in view of Section 16 read with Sections 12 and 13 of the Act, as interpreted by the Constitution Bench of

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

the commercial contract in question, the suit by the suppliers was not competent as Section 32 of the Arbitration Act, 1940 provides that no suit would li; on any ground whatsoever for a decision upon the existence, effect or … Section 389, Sub-sections (1) and (3) of the Indian Companies Act I of 1956, (before that section was repealed in 1960) an Indian Company may agree to refer differences, between itself and any other company or person … balanced quantity was extended upto January, 1973. It appears that on January 12, 1973, the aforesaid agents M/s Marshall Produce Brokers Company of Bombay, on