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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Bench however was of the prima facie view … Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 … of this Court has held that the 1983 Adhiniyam was saved by the provisions of Sub-section (4) of Section 2 of the 1996 Act and, therefore, the 1983 Adhiniyam survives even after the coming into force of the

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 Construction of references to repealed enactments.- (1) Where this Act or any Central Act or Regulation made after the commencement of this Act, … (Maharashtra Industries Development Corporation v. Govardani Constructions Company) Appeal No. 903 of 2006 decided on 7th March, 2007 (Coram: R.M.S. Khandeparkar and Dr. D.Y. Chandrachud,

Padmavathi Constructions Vs. Andhra Pradesh Industrial Infrastructure ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Ordinance, 1996 - Sections 1(3), 8, 13, 34, 42 85 and 86; Arbitration and Conciliation Act, 1996 - Sections 11; Constitution of India - Articles 123 and 226; Arbitration Act, 1940 - Sections 2, 30, 33 and 42; The Arbitration (Protocol and Convention) Act, 1937; The Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1999(5)ALD609

on 23-1-1998 before the 5th respondent and the same was filed under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter called 'the Act') to set aside the Award dated 27-10-1997 passed by the Arbitral Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application. The learned Counsel also contended that Section … ORDER1. This writ petition is filed under Article 226 of the Constitution of India praying for issue of a writ, order

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)

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 … 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 … party shall have recourse to challenge the award would be the court as defined in Clause (e) of Section 2 of the new Act and not the court to which an application under Section 8 of the new

Narendrakumar Khandelwal and ors. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271C and 276B; ;General Clauses Act, 1897 - Sections 6

Reported in : (2003)180CTR(MP)553; [2003]259ITR593(MP)

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the Income-tax Act, Section 276DD stood omitted from the Act but not repealed and hence, a prosecution could not have been launched or continued by … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will

Union of India Vs. Chhabhaiya and Co. and ors.,

Court : Madhya Pradesh

Subject : Direct TaxationCriminal

Acts : Income-tax Act, 1961 - Sections 269SS, 276DD, 276E, 278B and 278DD; General Clauses Act, 1897 - Sections 6 and 6(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 378; General Clauses (Amendment) Act, 1987

Reported in : [2002]253ITR201(MP)

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the 1996 Act and are not void and do not stand impliedly repealed by the 1996 Act. Application under Section 11(6) of the Arbitration & … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will

Roshan General Store Vs. Vivek Gupta

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 18, Rule 4; Code of Civil Procedure (CPC) (Amended) Act, 1976; Code of Civil Procedure (CPC) (Amended) Act, 2002 - Order 18, Rule 5

Reported in : AIR2004MP42; 2003(4)MPLJ342

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the 1996 Act and are not void and do not stand impliedly repealed by the 1996 Act. Application under Section 11(6) of the Arbitration & … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will

National Insurance Co. Ltd. Vs. Meena Sharma and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 1995ACJ1132

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the 1996 Act and are not void and do not stand impliedly repealed by the 1996 Act. Application under Section 11(6) of the Arbitration & … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will

Maharaja Bahadur Singh Kasliwal Vs. Commissioner of Income Tax

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Indian Trust Act, 1882 - Sections 58; Wealth-Tax Act, 1957 - Sections 3

Reported in : (2005)193CTR(MP)734; [2005]277ITR483(MP)

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the 1996 Act and are not void and do not stand impliedly repealed by the 1996 Act. Application under Section 11(6) of the Arbitration & … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will

Raju @ Rohitashva Dubey and anr. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 14 and 21; Criminal Proceduare Code , 1974 - Sections 209, 244, 323, 482; Indian Penal Code (IPC) - Sections 34, 323, 324, 294, 325, 341, 395, 397, 427, 506 and 506B

Reported in : 2001(5)MPHT410

to make a law in respect of arbitration in Entry 13 of the Concurrent List, even though the Arbitration Act, 1940 made by the Central Legislature was already in the same field because the 1983 Adhiniyam had been reserved … the 1996 Act and are not void and do not stand impliedly repealed by the 1996 Act. Application under Section 11(6) of the Arbitration & … contract between State or its undertaking and Contractor Arbitration agreement Held, If a Works contract, as defined in Section 2(1)(i) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 contains an arbitration clause, either party to the works contract will