Advanced Search Results

Avitel Post Studioz Limited and Ors. Vs. Hsbc Pi Holding (Mauritius) L ...

Court : Supreme Court of India

Subject : Arbitration

parties to the arbitration agreement. The law on this point has its origins in a judgment under the Arbitration Act, 1940 [“1940 Act”]., the predecessor to the 1996 Act, which repealed the 1940 Act. Thus, in Abdul Kadir Shamsuddin … contract is voidable at the option of the party whose consent was so caused. This is provided by section 19 of the Contract Act which reads as follows: “19. Voidability of agreements without free consent.- When consent to

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

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view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the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 … of Rajeev Sagar Tank Project in Guna District of Madhya Pradesh on 19-2-1999. Clause 4.3.29.2 of the Conditions of Contract provides that any claim valued

Managing Director, Apsrtc and anr. Vs. A. Annaiah

Court : Andhra Pradesh

Subject : ArbitrationConstitution

Acts : Arbitration Act, 1940 - Sections 17, 20 and 39; Arbitration and Conciliation Act, 1996 - Sections 21, 36, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Constitution of India - Article 227

Reported in : 2010(1)ALT37

No. 9 of 1994 in the Court of the Additional District Judge, Hindupur, under Section 20 of the Arbitration Act, 1940 to direct the Corporation to file the agreement dated 31.8.1991 into Court and make an order of reference … Act, 1940 (for short, 'repealed Act No. 10 of 1940') was in force. As per Section 20 of repealed Act No. 10 of 1940, an application has to be made to a Court having jurisdiction in the … dated 12.2.2009 passed in E.P. No. 11 of 2009 in O.S. No. 194 of 1996 on the file of the Court of the Senior Civil

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

that date under any agreement or reference made before the commencement of this Code.The said provision however, was repealed by Section 49 and Schedule III of Arbitration Act (10 of 1940). The Arbitration Act of 1940 itself … enormous expenses and long time spent, Government was desirous to have a second look to the provision of Arbitration Act, 1940 with a view to see whether the enormous delay occurring in arbitration proceedings and disproportionate costs incurred therein … earlier governed by Indian Arbitration Act, 1899. The Code of Civil Procedure, 1908 also provided for arbitration as Special Proceedings in the following terms:89. Arbitration.

Manohar Lal Vs. Vinesh Anand and ors.

Court : Supreme Court of India

Subject : CriminalArbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 141; Arbitration Act, 1940; Arbitration Act, 1996 - Sections 27; Indian Penal Code (IPC), 1860 - Sections 172 to 188, 193 to 196, 199, 200, 205, 211, 463, 471, 475 and 476; Code of Criminal Procedure (CrPC) , 1973 - Sections 195(3), 340 476 and 476-B; Defence of India Act, 1939 - Sections 19; Debt Recovery Act; Income Tax Act; Motor Vehicles Act, 1988; Consumer Protection Act, 1986; Monopolies and Restrictive Trade Practices Act, 1969; Prize Competitions Act, 1955 - Sections 2; Constitution of India - Articles 252 and 286; Commissions of Inquiry Act - Sections 3(1)

Reported in : AIR2001SC1820; 2001(1)ALD(Cri)908; 2001ALLMR(Cri)1226(SC); 2001(2)ARBLR160(SC); (2001)2CompLJ207(SC); 2001CriLJ2044; 2001(2)Crimes202(SC); JT2001(4)SC573; RLW2001(2)SC220; (2001)5SCC407

Since then there has however, been sea change of events: the repeal of the earlier statute of Arbitration (Arbitration Act, 1940) and introduction of the new Arbitration Act, 1996 (Arbitration and Conciliation Act, 1996) in the statute book has … under the Defence of India Act, 1939 and the Rules regarding arbitration for settlement of compensation payable under Section 19 of the Defence of India Act, 1939 so far as Bengal, now West Bengal, is concerned, is, therefore, … to assess the intent of the legislature and citations on the earlier repealed act ought not to be looked into or be considered since the

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … on Section 8 of the General Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after the commencement of this Act, repeals … allowed.2. The petition under Section 9 of the Arbitration and Conciliation Act, 1996, is moved by Ganjam Trading Co. Pvt. Ltd, the petitioner abovenamed, seeking,

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, … these petitions arising under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act, 1996'), an objection has been raised either

Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 20, 39, 39(1) and 49; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC)

Reported in : AIR1965All269

set aside and the application under Sections 8 and 20 of the Arbitration Act De dismissed.5. Section 8, Arbitration Act, 1940, provides for the appointment of an arbitrator by the court under the diverse contingencies mentioned in that section. … be so construed as If the words 'under the Code' actually occurred therein, and Section 20, Arbitration Act, repealed and re-enacted paragraph 17 of the Second schedule, Sec. 8 of the General Clauses Act applied and reference … and 20 of the Arbitration Act De dismissed.5. Section 8, Arbitration Act, 1940, provides for the appointment of an arbitrator by the court under the

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 … specified by the notification, entered into by the State Government or by any of its public undertakings. Under Section 19, the High Court has been given power of revision against any award. Under Section 20(1) notwithstanding anything contained

Delhi Airport Metro Exptress Private Limited (India) vs.construcciones ...

Court : Delhi

Subject : Arbitration

the Supreme Court in National Thermal Power Corporation vs. Singer Company(supra). That was a case pertaining to the Arbitration Act, 1940 and the Foreign Awards (Recognition and Enforcement) Act, 1961. In that case the Agreement between the parties provided … situation and led to the doctrine of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to omit Section 9(b) of the 1961 … petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 seeking to challenge the final award dated 22.8.2016, partial award on jurisdiction