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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

D. ARBITRATION ACT, 1940 (a) Section 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code.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 … if the arguments on merits are required to be heard. (a) On 18/1/2006 a Share Purchase Agreement ('SPA' for short) was executed between the selling

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 Bulchandani on section 85(2)(b) of the 1996 Act to urge that even though the Arbitration Act, 1940 ('1940 Act') stood repealed by the 1996 Act, all rules made under the said enactment shall, to the … the change in the collocation of words in Article 137 of the Limitation Act, 1963 compared with Article 181 of the 1908 Limitation Act showed that applications contemplated under Article 137 are not applications confined to 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 … Statute on the same footing.78. To make a review of the Act complete, reference may be made to Section 18 which givea the Court power to pass interim orders notwithstanding anything contained in Section 17 of the Act

Cosmo Ferrites Ltd. Vs. Himachal Builders

Court : Himachal Pradesh

Subject : Arbitration

Reported in : 2006(3)ShimLC165

by registered post to the present petitioner. In this letter it was stated that Arbitration Act, 1940 stands repealed by Section 85 of the Arbitration and Conciliation Ordinance, 1996 and, therefore, the prior actions taken under the … the respondent.2. The respondent thereafter filed a petition before this Court under Sections 8 and 20 of the Arbitration Act, 1940 for appointment of an Arbitrator. This petition was registered as Civil Suit No. 33 of 1992. By an … Arbitrator and the respondent approached this Court by filing Arbitration Petition No. 18 of 1997 and under the Arbitration and Conciliation Act, 1996 with a

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 … say that by consent of the parties, jurisdiction cannot be conferred on a particular Court. Sections 16, 17, 18 and 19 of the CPC speak about the place of suing. Section 20 of the CPC provides for

Deputy Manager (Engg.), Food Corporation of India, Engineering Divisio ...

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 30; Arbitration and Conciliation Act, 1996 - Sections 21, 34, 85 and 85(2); The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2009(6)ALT186

which is thus:Section 85: Repeal and saving:(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2)

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 Constitution, all existing laws are to continue unless altered or repealed. Since Arbitration Act has not been repealed by express provision in the … attached to the award under Section 17 which can be executed as a decree by civil Court under Section 18. Revision is provided against the award to the High Court under Section 19 on grounds similar to those

D.D. Sharma Through Shri R.B. Singh, Attorney Vs. Madhya Pradesh Rural ...

Court : Madhya Pradesh

Subject : Arbitration

Reported in : AIR2008MP72; 2008(1)ARBLR592(MP)

by the High Court. By virtue of Section 85 of the 1996 Act, the Arbitration Act, 1940 stands repealed. However, as noted earlier it is always open to the parties to agree as to which law will … court - (1) As from the date of the constitution of the Tribunal and notwithstanding anything contained in Arbitration Act, 1940 (No.10 of 1940) or any other law, for the time being in force, or in any agreement or … Civil Revision No.920/1996 (Smt.Kamala Bai and Ors. v. State of M.P.) dated 18.7.2006. It is submitted by the applicant that the objection raised by non-applicants

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 … not necessary to refer to Section 6 of the General Clauses Act, 18972.3. New Act is based on UNCITRAL Model Law. It is a progressive

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

Subject : Arbitration

laid down in the original Section 34 of the 1996 Act, when contrasted with Section 30 of the Arbitration Act, 1940. According to the learned senior counsel, party autonomy must be respected, and this being the position, parties who … was used in Section 85 of the 1996 Act, as expounded in Thyssen (supra), was because Section 85 repealed three enactments together, and not because it sought to refer to Court proceedings. He reiterated that in the … Ors. (SLP(C) Nos. 19545-19546 of 2016), are as follows. A notice dated 18th January, 2012 was sent by Respondent No.1 invoking arbitration under a franchise