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Good Value Engineers Vs. M.M.S. Nanda

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 37, 37(1), (2) and (3); Arbitration and Conciliation Act, 1996 - Sections 21, 85, 85(1) and (2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Indian Limitation Act, 1908

Reported in : 2002(61)DRJ573

an answer is as to whether in the facts of the case in hand the provisions of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996 would apply.2. This question arises on basis of the facts that … on 16.1.1996. With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3. It is on the strength of these facts that it had been … bind on question of law. With this back/drop, one can conveniently refer to the relevant provisions of law.5. Section 21 of the Arbitration and Conciliation Act, 1996, in its stark brevity reads:21. Commencement of arbitral proceedings.--Unless otherwise agreed

Wimco Ltd. and anr. Vs. Vikram Singh

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 85(2); Arbitration Act, 1940 - Sections 8 and 20

Reported in : 2002(1)AWC735

been enforced from 25.1.1996 and the Indian Arbitration Act, 1940, has been repealed. Therefore, the suit is not maintainable and is liable to be dismissed. … 142 of 1996 was filed by the respondent against the revisionists under Sections 8 and 20 of the Arbitration Act, 1940. The revisionists contested the suit. One of the plea taken was that the suit was filed on 6.9.1996, … in the Court. Therefore, the provision of old Act, 1940 cannot apply.8. The other provision referred to is Section 21 of the Act, which reads as follows :'Unless otherwise agreed by the parties, the arbitral proceedings in respect

Continental Construction Ltd. Vs. Chief Engineer (Construction) N.E. R ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6), 21 and 85; Code of Civil Procedure (CPC), 1908 - Sections 80; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 96(2002)DLT893

of the Act are not attracted. It is alleged that the matter could only be governed under the Arbitration Act, 1940.4. During the course of submissions, it was these two preliminary objections, raised on behalf of the respondent which … would be the new Act, which would be so applicable.14. This conclusion is obvious from the perusal of Section 21 and Section 85 of the Act. Both the relevant provisions are being reproduced below for the sake 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 apply in

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

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 … 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 … an arbitrator under Clause 25 of the Agreement. As such on a conjoint reading of Section 85 with Section 21 of the 1996 Act, the arbitration proceedings commenced on the date on which request for appointment of arbitrator

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 … 161 of 2009 for satisfaction being recorded on the decree under Order 21 Rule 2(1) of the payment of Rs.87.50 crores (the second instalment) to

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 … by HSBC PL Holdings (Mauritius) Ltd. [“HSBC”]., impugn the interlocutory judgment and order passed in the appeal under section 9 of the Arbitration and Conciliation Act, 1996 [“1996 Act”]. dated 31.07.2014. To dispose of the said appeals, … controversy that arises in the present case are as follows: (i) On 21.04.2011, a Share Subscription Agreement [“SSA”]. was entered into between HSBC and the

Abani Bhusan Chakravarty and ors. Vs. Hem Chandra Chakravarty and ors.

Court : Kolkata

Subject : CivilArbitration

Reported in : AIR1947Cal93

decisions under the Civil Procedure Code of 1908 and the previous Codes of 1882 and 1859. Section 21, Arbitration Act, 1940 (Act 10 [X] of 1940) occurs in chap. IV which is headed 'Arbitration in Suits', and the wording … section is almost the same in language as para. 1, Schedule II, Civil P.C., 1908, which has been repealed by the Arbitration Act, the only material difference being the addition of the words 'in the suit' underlined

State of U.P. Vs. Allied Construction Engineers and Contractors

Court : Allahabad

Subject : Arbitration

Reported in : 2009(85)AWC1953

3rd March, 1995/25th March, 1995 i.e., prior to coming of the Act, 1996 in force. Therefore, as per Section 21 read with Section 85 of the Act, 1996 arbitration proceeding will be governed by the Act, 1940. The … Amitava Lala, J.1. This appeal has been preferred by the State of U.P. under Section 39 of the Arbitration Act, 1940 (hereinafter in short called as the 'Act, 1940') challenging the judgment and order dated 20th February, 2001 passed … 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 apply in

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 … with the intervention of a Court' where there is no suit pending.The fourth chapter has five sections, from Section 21 to Section 25, and deals with 'Arbitration in suits'. Neither in chapter three, dealing with 'arbitration with the

indramoni Mohapatra Vs. Nilamoni Moharana

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3; Contract Act, 1872 - Sections 23; Specific Relief Act, 1877 - Sections 21

Reported in : AIR1950Ori169

in either the Civil Procedure Code or Act IX [9] of 1899. With the enactment of the Indian Arbitration Act, 1940, Section 21 so for as is material to arbitration contracts baa been fully recast and in its present … the statute book. It is a consolidating and amending law, all other laws on the subject having been repealed. This Act except in respect of a few points brings the law of arbitration in India, (rather, places