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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 Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'.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 … 03.10.2002 passed by the Civil Judge (Junior Division), Jalandhar and order dated 15.09.2004 refusing to review the said order.FACTS :3. The Appellant No. 1 is

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 … 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 … the District of Bellary was concerned w.e.f. December 21, 1956. Excess profits Tax Officer issued a Notice under Section 15 of the Excess Profits Tax Act to the appellants in 1960 in respect of the period from October

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 34(3), 43, 82 and 85(2); Code of Civil Procedure (CPC), 1908 - Sections 24(1) and 141 - Order 1, Rule 10; Arbitration Act, 1940 - Sections 9, 14, 37(1) and 41- Order 1, Rule 8 - Rules 772 to 789; Indian Limitation Act, 1963 - Sections 2, 4 to 24, 29 and 33 - Articles 119 and 137; Constitution of India - Article 226; Indian Limitation Act, 1908 - Article 181; Income Tax Act, 1922 - Sections 26-A; Representation of People Act, 1951 - Sections 81; Motor Vehicles Act, 1939 - Sections 58 and 58(3)

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

was placed by Mr. Bulchandani on section 85(2)(b) of the 1996 Act to urge that even though the Arbitration Act, 1940 ('1940 Act') stood repealed by the 1996 Act, all rules made under the said enactment shall, to the … to entertain an application for renewal made beyond the prescribed time limit as long as it was within 15 days from the expiry of such period, provided there was sufficient cause for the delay. Interpreting the section,

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. … 'under the Code' in the first column of that Article.' The Court held that the amendment of Arts. 158 and 178 and the insertion of the words 'under the Arbitration Act, 1940' in place of the words

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 … of Section 8 lays down that if no appointment is made within 15 days after the service of the said notice, the court may, on

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 … not repugnant to the provisions of law comprised under the New Act. 15. Thc Apex Court in Sundaram Finance' case (supra) clearly observed that prior

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … for the proper conduct of the arbitration, and remains so.(3) Subsections (1) and (2) have effect subject to Section 15 of the Control of Exemption Clauses Ordinance (Cap 71)'The English Act:'Section 32. - Determination of preliminary point of … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act. What is of relevance is proposition No. 5, which

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 … 1940 (X of 1940) and the 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 apply in relation to arbitral proceedings … the dues which were claimed by the petitioner by its letter dated 15-8-93 and, therefore, the petitioner invoked the arbitration clause in the said agreement … an arbitrator within the prescribed time, the petitioner filed an application under section 20 of the old Act in the Court of Civil Judge, Senior

M/S. Rose Advertising Vs. M/S. Delhi Transport Corporation

Court : Delhi

Subject : Arbitration

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

Reported in : 2001IIIAD(Delhi)513; 90(2001)DLT834; 2001(2)RLR262

1996, Act. On the date of making of appointment of the arbitrator the Arbitration Act, 1940 already stood repealed. No appointment could have been made by the Chairman-cum-Managing Director by invoking the provisions of Arbitration Act, 1940 … ORDERDevinder Gupta, J.1. Whether the Arbitration Act, 1940 (Act No. 10 of 1940) or the Arbitration and Conciliation Act, 1996 (Act No. 1 of 1996) would … the appellant was again not acceded to, on 16.1.1996 a petition under Section 20 of the Arbitration Act, 1940 was filed by the appellant. Notice … of the arbitrator is in this appeal.2. Relevant facts are that on 15.1.1993 an agreement was entered into between the parties for display of advertisements

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, … arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M. … procedure laid down in the Arbitration Act itself. Section 14 deals with signing and filing of the award. Section 15 deals with the power of the Court to modify the award in cases set out in that section