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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

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AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code.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 … or sub- section (3) of section 16; or (b) granting or refusing to grant an interim measure under section 17. (3) No second appeal shall lie from an order passed in appeal under this section, but nothing in

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1839 - Sections 1; Code of Civil Procedure (CPC), 1908

Reported in : AIR1967Bom347; (1966)68BOMLR586

been raised in this notice of motion is as to whether the Court under Section 29 of the Arbitration Act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the … conditions of the said Act were fulfilled has not been superseded or repealed by the Arbitration Act. In this behalf he invited me attention to … down in the Arbitration Act itself.'I may mention that a contention was raised in that case that though Section 17 of the Act laid down the procedure by which a decree could be obtained on an award that

Bimla Rani Gupta Vs. S.R. Sachdeva

Court : Delhi

Subject : TenancyArbitration

Acts : Arbitration Act, 1940 - Sections 34; Arbitration and Conciliation Act, 1996 - Sections 8

Reported in : 2000IIIAD(Delhi)637; 84(2000)DLT171; 2000(53)DRJ388

as on the, date of the application, the Arbitration Act, 1940 stood repealed by Arbitration & Conciliation Act, 1996. The learned counsel submitted that the … was presented in March, 1996. The respondent filed an application, purporting to be under Section 34 of the Arbitration Act, 1940, stating that there was a Rent Agreement between the petitioner and the respondent on the 3rd of November, … lease deed, it is only a rent agreement, and, thereforee, it would not come within the mischief under Section 17 of the Registration Act, 1908. The learned counsel further submitted that assuming that the document required registration, the

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

code. For the aforesaid issue, it is not necessary to examine the differences between the provisions of the Arbitration Act, 1940, and the Arbitration Act, 1996. It is also not necessary to examine the scope of any particular provision … by section 104. In 1940, the legislature enacted Act X of 1940, repealing schedule 2 and section 104(1) clauses (a) to (f) of the Code … or sub- section (3) of section 16; or (b) granting or refusing to grant an interim measure under section 17. (3) No second appeal shall lie from an order passed in appeal under this section, but nothing in

Indian Dairy Corporation Vs. Lasco

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 20

Reported in : AIR1982Cal96

in paragraph 17 (4) of the Second Schedule of the Code of Civil Procedure, 1908, which has been repealed by the Arbitration Act, 1940, and is pari materia came up for consideration before a Division Bench of … ORDERSalil Kumar Roy Chowdhury, J.1. This is an application under Section 20 of the Arbitration Act, 1940, for filing the arbitration agreement dated 18th/23rd of Oct., 1979 and for order of reference of the dispute

Selected Marbles Home and ors. Vs. Arun Kumar Kamal Kumar and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 20, 30, 32 and 33; Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2005(1)ARBLR94(Delhi); 115(2004)DLT117

Once again we are called upon to determine an important question. The question is ''whether the provisions of Arbitration Act, 1940 (hereinafter referred to as '' old Act'') or that of Arbitration and Conciliation Act, 1996 (referred to as … arbitration, made and published his award dated 16.3.1998. Pursuant to an application made under Section 14 read with Section 17 of the old Act, the arbitrator filed his award dated 16.3.1998 in the Court. Notice of filing of … Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed. (2) Notwithstanding such repeal,__ (a) the provisions of the said enactments shall

Birat Chandra Dagara Vs. Steel Authority of India Limited Through Gene ...

Court : Orissa

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 10 and 11; Arbitration Act, 1940 - Sections 8 and 17

Reported in : 2003(2)ARBLR276(Orissa); 95(2003)CLT396

view of the fact that the Arbitration Act of 1940 had been repealed and the new enactment has come into force with effect from 22.8.1996, … case the dispute could not be resolved, the same should be referred to arbitration in accordance with the Arbitration Act, 1940 and the rules made thereunder. Complaining that he had invoked the arbitration clause in the agreement and the … which are required to be taken under the Act of 1940 for the award becoming a decree under Section 17 of the Act of 1940 and also appeal arising thereunder. The new Act would be applicable only in

Nani Bala Saha W/O Narayan Chandra Saha Vs. Ram Gopal Saha and anr., M ...

Court : Kolkata

Subject : Arbitration

Reported in : AIR1945Cal19

to be set aside on the ground of non-registration alone,' and (v) that in view of Section 19, Arbitration Act, 1940, the reference itself was liable to be superseded. 8. On these findings he not only refused to file … the effect of its non-registration. 10. By reason of the exception contained in Sub-section (2), Clause (vi) of Section 17, Registration Act, an award did not before 1929 require registration, but by reason of the amendment of that … by applying under Schedule 2, Civil P. C, which had then been repealed--she misled the opposite parties and the Court. In these circumstances she cannot

Ratna Infrastructure Projects Pvt. Ltd. Vs.meja Urja Nigam Private Lim ...

Court : Delhi

Subject : Arbitration

was examining the applicability of the Arbitration Act, 1940 which had been repealed in relation to arbitration proceedings that had commenced prior to the enactment … possible the matter is not to be referred to arbitration at all. Subject as aforesaid the provisions of Arbitration Act 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in … proceedings which are required to be taken under the old Act for the award becoming a decree under Section 17 thereof and also appeal arising thereunder. Arb.P. 537 of 2016 Page 8 of 13 3. In cases where

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 … the Karnataka Civil Courts Act defines the jurisdiction of District Courts, Section 16 jurisdiction of Civil Judge and Section 17 jurisdiction of Munsiff. Sections 14, 16 and 17 read thus: 'Section 14: Jurisdiction of District Courts.--(1) The DistrictCourt