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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 Bulchandani on section 85(2)(b) of the 1996 Act to urge that even though the Arbitration Act, 1940 ('1940 Act') stood repealed by the 1996 Act, all rules made under the said enactment shall, to the … that it applies also to other proceedings. In this judgment, the Supreme Court analysed the provisions of section 24(1)(b) of the C.P.C. and held that the sweep of Section 141 of the C.P.C. was wide enough to

M/S Shahi and Associates Vs. State of u.p. .

Court : Supreme Court of India

Subject : Arbitration

the Arbitration Act, 1940. 5 Since the Arbitration Act, 1940, has been repealed under Section 85 of the Act of 1996, the Schedule to Arbitration … submits that the arbitration proceedings were commenced on 27.10.1999 under the Act of 1996 and the provisions of Arbitration Act, 1940 will have no application to the proceedings between the parties. The U.P. Amendment Act was a State amendment … whereby the High Court has upheld the award of the Arbitrator. However, relying on para 7­ A of Section 24 of the Uttar Pradesh Civil Laws (Reforms and 2 Amendment) Act, 1976 (for short 'U.P. Amendment Act'), it

Punjab State Electricity Board Vs. Bassi Cold Storage, Khara and Anoth ...

Court : Supreme Court of India

Subject : ElectricityArbitration

Acts : Electricity Act, 1910 - Sections 21 and 52; Arbitration Act, 1940 - Sections 33; Arbitration Act, 1899; Constitution of India - Article 136

Reported in : AIR1994SC2544; JT1994(2)SC682; 1994(2)SCALE332; 1994Supp(2)SCC124; [1994]3SCR33

would over-ride the general provision contained in the Indian Arbitration Act of 1899 (which subsequently) came to be repealed by Arbitration Act of 1940 because of which in Section 52 as it stood at the relevant time … the Board approached the Court of Senior Sub-Judge, Patiala by filing an application under Section 33 of the Arbitration Act, 1940 to quash the arbitration proceedings initiated by the respondent. Its case was that the dispute in question could … so done alongwith relevant provisions of the Act. The same being Sections 24(1), 26(6) and 52, according to the learned Counsel. Our attention has also

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 … 1999 on the file of the Principal District and Sessions Judge, Raichur is directed against the order dated 24-5-1999. Subsequently, by way of amendment petitioner has also sought for quashing the order dated 21-6-1999 on I.A. I

Moradhwaj Vs. Bhudar Das

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8

Reported in : AIR1955All353

With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … hereinbefore contained in regard to Courts of original jurisdiction.' This section was repealed by Section 1 of Act 23 of 1861, but Section 37 of … All 100 (W). In : AIR1925All276 , it was held by a Bench of this Court that under Section 24, Civil P. C., an execution proceeding could be transferred. This was so held because the word 'suit' as

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226

Reported in : [2003]117CompCas660(P& H)

reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … appellants, filed Company Petition No. 76 of 1999 before the Company Law Board, Principal Bench, New Delhi, under Sections 397 and 398 of the Companies Act, 1956 praying for relief on account of alleged oppression/mismanagement at the … course of the proceedings before the Company Law Board, the appellants, on 24.08.1999, sought permission of the Company Law Board to move an application under

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 … as against Section 7 of the Essential Supplies (Temporary Powers) Act No. XXIV of 1946 as amended by Act No. LII of 1950 made by

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … conditions required to be fulfilled for invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act. What is of relevance is proposition No. 5, which the court states as follows:'(v) the … arrived at by the trial court in the application under Section 45. 24. It is a well accepted principle of statutory interpretation that a court

Shiv Singh Amar Singh vs.ntpc Ltd

Court : Delhi

Subject : Arbitration

and the Amending Act do not apply to the Arbitral Award and the same is governed by the Arbitration Act, 1940 O.M.P.(ENF.) (COMM) No.67/2018 Page 1 (hereinafter referred to as the ‘1940 Act’). Counsel for the respondent submits that … 1940 (10 of 1940) and the 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 relation to arbitral proceedings … CHAWLA Kumar and Mr.Ojusya Joshi,Advs.1. The present petition has been filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as … agreed by the parties” used in various sections, namely, 17, 21, 23(3), 24(1), 25, 26, 29, 31, 85(2)(a) etc. indicates that it is open to

D.D.A. Vs. Bhai Sardar Singh and Sons

Court : Delhi

Subject : Arbitration

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

Reported in : 2004(3)ARBLR465(Delhi); 115(2004)DLT415

(Clause 25) of the contract agreement which amongst other things provided :'Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or any re-enactment thereof and the rules made there under and for the time … 1940 (10 of 1940) and the 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 relation to Arbitral proceedings which commenced … to the Arbitration proceedings under this clause.'3. Respondent then filed petition under Section 20 of the old Arbitration Act for appointment of an Arbitrator way