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Mr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28

Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).

Matched in: Advocate S.S. Kanetkar, Adv. in Writ Petition No. 4064 of 2008, R.D. Dhanuka, ;R. Yadav, ;R.Y. Shirsekar and ;H.C. Pimple, Advs. in Arbitration Petition No. 340 and 341 of 2007 and Arbitration Petition (L) No. Vikas Shivarkar, Adv. for Respondent Nos. 3 and 4 in Writ Petition No. 4064 of 2008, ;Zal Andhyarujina, ;Rajeev Talasikar and ;Shivani, Advs., i/b., Javed Gaya, Adv. in Arbitration Petition No. 340 an

Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 37, 85(1) and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3 and 13; General Clauses Act, 1897 - Sections 8 and 8(1); Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Constitution of India; Arbitration and Conciliation Ordinance, 1996; Bombay High Court (Original Side) Rules, 1980 - Rule 28

Reported in : 2008(6)BomCR540

in the said Act would therefore disclose that any award which is not passed or declared under the Arbitration Act, 1940 if challenged by way of petition or appeal with an intention to get it set aside or modified, … Court Fees Act.12. Sub-section of Section 8 of the General Clauses Act reads thus:8. Construction of references to repealed enactments.- (1) Where this Act or any Central Act or Regulation made after the commencement of this Act, … the fixed fee of Rs. 25/- prescribed under Clause (c) of Article 13 of Schedule II of the Bombay Court Fees Act. An objection was

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 … fee under Schedule I, Article 1 and not under Schedule II, Article 13 as is sought to be paid by the appellants. As far as

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

was competent to make a law in respect of 'arbitration' in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by … 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

Suresh Chander Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 11, 16 and 20; Limitation Act - Sections 37(3) - Schedule - Article 137; Arbitration and Conciliation Act, 1996

Reported in : 2003IIAD(Delhi)88; 2003(2)ARBLR176(Delhi); 103(2003)DLT35; 2003(67)DRJ234; 2003(1)RAJ583

case. During the pendency of this petition, the Arbitration Act, 1940 was repealed and the Arbitration and Conciliation Act, 1996 came into force. The Division … This is one of the unfortunate examples of the defendants dragging a petition under Section 20 of the Arbitration Act, 1940 for a period of 20 years.2. The brief background of the facts, to the extent required for appreciating … the appointment within a period of four weeks, then the appointment shall be made by this Court. - Section 13: [Altamas Kabir & Cyriac Joseph,JJ] Custody of child - Welfare of child vis--vis comity of Courts - The

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 … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant … the limitation was to be computed on the residue clause of Article 137 of the Limitation Act, where the period of limitation prescribed was three

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 … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant … the limitation was to be computed on the residue clause of Article 137 of the Limitation Act, where the period of limitation prescribed was three

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 … notice that in view of Section 16 read with Sections 12 and 13 of the Act, as interpreted by the Constitution Bench of this Court

The Union of India (Uoi) Vs. Shri Om Prakash

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 20, 20(4) and 30

Reported in : AIR1976SC1745; (1976)4SCC32; [1976]3SCR998; 1976(8)LC450(SC)

be challenged in any appropriate proceeding.There was no provision in the 2nd schedule to the CPC, which was repealed by the Arbitration Act, 1940, like Section 32 of Section 33 of the Act. Section 32 bars the … a common judgment of the Allahabad High Court disposing of seven appeals under a Section 39(i)(vi) of the Arbitration Act, 1940. The appeals turn on the true meaning and scope of Section 38 and 30 the Act, Section 8 … repeats the material portion of Sub-section (2) of Section 8. On February 13, 1950 the court appointed Col. Ranbir Singh whose name was not in

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