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Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20, 21 and 34; Arbitration Rules; Code of Civil Procedure (CPC) - Sections 94 and 151 - Order 39, Rules 1 and 2; ;Arbitration and Conciliation Act, 1996 - Sections 2, 7, 8, 8(1), 8(3), 16, 42, 45 and 54; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 3; ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

whether the subject-matter of the dispute is covered by the arbitration agreement or not.13. Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'. Only in terms of Section 21 of the 1940 … take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the Arbitration Act, 1940, (for short, 'the 1940 Act) having been made in terms of UNCITRAL Model Rules and having undergone a … conspired with certain officials of the Appellants and obtained payments @ Rs. 140/- per M.T. in place of Rs. 36/-per M.T. on a false plea

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

any provision of old Act or 1940 and the old Act was repealed and the Hire Purchase Agreement in the real sense is the agreement … a civil suit for recovery of the amount due to it from the plaintiffs and claim benefit under Section 14 of the Limitation Act. Being aggrieved by the said judgment and decree passed in Arbitration Suit No.18 of … 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

Sardar Sarovar Narmada Nigam Ltd. Vs. Aarti Steel Industries and anr.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration Act, 1940 - Sections 2, 14, 14(2), 17, 30, 33, 37, 37(3) and 39; Indian Limitation Act, 1908; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : (2002)1GLR186

decree under the provision of Old Arbitration Act, 1940 which is already repealed by the New Arbitration Act, and therefore, also the learned trial Court … Appellate (original respondent) has filed these First Appeal Nos. 1679 and 1680 of 2000 under Section 39 of Arbitration Act, 1940 (hereinafter be referred to as 'the Old Arbitration Act') against the judgment and decree passed by the Civil … The trial Court by the impugned judgment and decree please to confirm the award of the arbitrator under Section 14(2) of the old Arbitration Act filed by Aarti Steel Industries-respondent (original claimant). The trial Court confirmed the award

Spedra Engineering Corporation Engineers and Contractors, Bhopal Vs. S ...

Court : Madhya Pradesh

Subject : ArbitrationConstitution

Acts : Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Sections 7, 7(1), 18, 19 and 20; Constitution of India - Aricles 14, 254 and 254(2); Arbitration Act, 1940 - Sections 30; Code of Civil Procedure (CPC) - Sections 115; Madhya Pradesh General Clauses Act - Sections 10

Reported in : AIR1988MP111

amongst the three names submitted. The arbitration has to be conducted in accordance with the provisions of the Arbitration Act, 1940, or any statutory modification thereof. Performance under the agreement shall continue during arbitration proceedings and payments due to … of the arbitrator. Under Article 372 of the Constitution, all existing laws are to continue unless altered or repealed. Since Arbitration Act has not been repealed by express provision in the Act, it will prevail. It not … Act I was enacted and it came into force from 1-3-1985. Under Section 7 of the Act, either party to a works contract shall irrespective … dt. 16-8-1985 of the Chief Engineer cancelling the appointment of arbitrator dt. 14-3-1985 for deciding the dispute raised by the petitioner-contractor. This Order will also

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 … to entertain the suit alone would have jurisdiction to entertain the award and the arbitration in view of Section 14(2) would have to file the award in that Court. Karnataka Civil Courts Act defines the jurisdiction of the

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15 to 17 and 30 to 33; ;Code of Civil Procedure (CPC)

Reported in : AIR1956Cal321,60CWN471

legislative history on this branch of jurisprudence, the past decisions on the repealed Law and the decisions on the- new Arbitration Act, 1940 is of … certain Division Benches, we referred to the decision of a Full Bench the following questions:1 Does the Indian Arbitration Act, 1940, distinguish between an application for setting aside an award and an application for the adjudgment of an award … it could not be a ground for setting aside the award. The argument, to my mind, is misconceived.Under Section 14 of the Act of 1899, an award could be set aside only if the arbitrator or umpire had

M/S. Reshma Constructions Vs. State of Goa

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 20, 26, 30 and 85; Arbitration and Conciliation Act, 1996 - Sections 33, 34, 36 and 85; Limitation Act, 1963 - Sections 14; The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1998(3)BomCR837; 1999(1)MhLj462

Arbitration and Conciliation Act, 1996 (hereinafter called as 'the new Act') to the arbitration proceedings commenced under the Arbitration Act, 1940 (hereinafter called as 'the old Act') and which were pending for disposal at the time when the new … Foreign Awards (Recognition and Enforcement) Act, 1961 (XLV of 1961) are hereby repealed. (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall … from 25-1-96. The arbitrator filed his award in the trial Court in terms of the provisions contained in section 14 of the old Act and the respondent herein filed its objections to the said award on 7-9-1996. The

Housing and Urban Development Corporation Vs. Dsa Engineers (Bombay) a ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30 and 32; Arbitration (Amendment) Act, 1996 - Sections 4, 10 and 34; Arbitration (Amendment) Act, 1985 - Sections 85, 85(1) and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Arbitration and Conciliation Act, 1996 - Sections 7

Reported in : 95(2002)DLT656

J.D. Kapoor, J.1. This petition under Section 14 of the Arbitration Act, 1940 for filing of the award dated 30.6.2001 has been thrown up interesting question of law - whether the … 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2) Notwithstanding such appeal:-(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced

Mahanagar Telephone Nigam Limited Vs. Unibros and ors.

Court : Delhi

Subject : Arbitration

Acts : Indian Arbitration Act, 1940 - Sections 14, 16(6), 17, 27, 30, 32, 33, 34, 34(2), 41 and 85(2); Arbitration and Conciliation Act, 1996; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rules 26 and 29

Reported in : 2003(2)ARBLR346(Delhi); 105(2003)DLT837; 2003(71)DRJ719; [2003]46SCL18(Delhi)

24.5.1999 which read thus:'Suit No. 1124-A/1992 'This petition has been preferred by the petitioner, M/s Uni Bros under Section 14 & 17 read with Section 27 of Arbitration Act, 1940 against the Maha Nagar Telephone Limited. This matter … Vikramajit Sen, J.1. Parliament's resolve of interring the Arbitration Act, 1940 would be futile if the contention raised in this petition on behalf of the Mahanagar Telephone Nigam Ltd. … (MTNL for short) is to be accepted. Further, the ghost of the repealed statute would have encountered only an unsuccessful exorcism despite the perspicuous judgment

Manji Ramji Vs. H.M. Mehta and Co.

Court : Mumbai

Subject : Arbitration

Reported in : AIR1943Bom463; (1943)45BOMLR940

do not think it necessary to decide this point.8. In my view, on the true construction of the Arbitration Act, 1940, it has no operation in respect of an award made before the Act came into force. It seems … Then in Chapter II there are various provisions relating to arbitration without the intervention of the Court, and Section 14 is the section dealing with the filing of an award. There are two variations from Section 11 of … any repeal effected by this Act, continue to apply.The old Act was repealed by Section 49 and the Third Schedule. The argument of the appellant