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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

The further claim is that in view of the fact that the Arbitration Act of 1940 had been repealed and the new enactment has come into force with effect from 22.8.1996, all pending cases come under the … case the dispute could not be resolved, the same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 … 1. The question arising for consideration in all these applications made under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996 being the

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has its origins in a judgment under the Arbitration Act, 1940 [“1940 Act”]., the predecessor to the 1996 Act, which repealed the 1940 Act.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, … High Court, an order was passed by a learned Single Judge dated 22.01.2014, in which the Appellants were directed to deposit any shortfall in their

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view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the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 … the works contract. The petitioner also filed the Writ Petition under Article 226 of the Constitution making a prayer to the Court to declare that

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 … scheme and provisions of other enactments which relate to the repealed enactment. 22. The doctrine of ejusdem generis is a well established rule of legislation.

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Subject : BankingCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 24(1), 26, 26(2) and 27; Securities and Exchange Board of India (Amendment) Act, 2002; Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940; Goa, Daman and Diu Civil Court Act, 1965 - Sections 4 and 22; General Clauses Act, 1897 - Sections 6 and 6(3); Criminal Law (Amendment) Act, 1952 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 115, 374(2), 374(3), 397, 397(1) and 468; Code of Criminal Procedure (CrPC) , 1882 - Sections 31 and 439; Constitution of India - Article 227

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

governed by the provisions of the Goa, Daman and Diu (Extension of Code of Civil Procedure, 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) read with the provisions of the Goa, Daman and Diu Civil … Daman and Diu and the corresponding provisions of the Portuguese Code were repealed while under the Goa Act XVI of 1965 the instant suit which … Civil Judge, who ultimately decreed it on March 8, 1968. Under the Indian Civil Procedure Code read with Section 22 of the Goa Act since the property involved in the suit was of the value exceeding Rs. 10,000

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

Subhash Projects and Marketing Limited Vs. JaIn Farms and Resorts Ltd. ...

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Arbitration and Conciliation Act, 1996 - Sections 7, 8, 16 and 85

Reported in : ILR2003KAR4343

or relating to the said agreement, which cannot be settled amicably by the parties in accordance with the Arbitration Act, 1940. The present suit is with respect to the matters agreed to be resolved by having recourse to arbitration … which the plaintiff and defendant No. 1 had agreed to subject themselves to arbitration proceedings has since been repealed and the new Act has come into force. As the old Act cannot survive, it is not open … of the said suit, the first defendant has filed I.A.No. IV under Section 8 of the Arbitration and Conciliation Act, 1996, with a request to … case on hand;ii) Subsequent to the agreement dated 1.8.1995, another agreement dated 22.1.1997 has come into existence between the plaintiff and defendant No. 1 and

Sardar Sarovar Narmada Nigam Ltd. Vs. Aarti Steel Industries and anr.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration Act, 1940 - Sections 2, 14, 14(2), 17, 30, 33, 37, 37(3) and 39; Indian Limitation Act, 1908; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : (2002)1GLR186

Judge has passed a judgment and decree under the provision of Old Arbitration Act, 1940 which is already repealed by the New Arbitration Act, and therefore, also the learned trial Court has no jurisdiction to pass a … Appellate (original respondent) has filed these First Appeal Nos. 1679 and 1680 of 2000 under Section 39 of Arbitration Act, 1940 (hereinafter be referred to as 'the Old Arbitration Act') against the judgment and decree passed by the Civil … 1999 (9) SCC 334. The Hon'ble Supreme Court has observed in para 22 at page 368 are as under :-'For the reasons to follow, we

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 … In reply to this letter the present petitioner sent a letter dated 22.7.1996. Reference was made to the resignation of Shri CM. Kaushal and finally

Union of India (Uoi) Vs. Mohindra Supply Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration Act - Sections 39, 39(2)

Reported in : AIR1962SC256; [1962]3SCR497; MANU/SC/0004/1961

was maintainable. The proceedings relating to arbitration are, since the enactment of the Indian Arbitration Act X of 1940, governed by the provisions of that Act. The Act is a consolidating and amending statute. It repealed the … the Governor-General contended that the appeal under the letters Patent was prohibited by section 39(2) of the Indian Arbitration Act. The question whether the appeal was maintainable was referred to a Full Bench of the High Court. The … the respective High Courts. - Chappan v. Moidin Kutti I. L. R.(1899) 22 Mad. 68, Sabhapathi Chetti v. Narayanaswami Chetti I. L. R. (1902) 25