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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Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application.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 … resolving the dispute between the parties. The said order was passed on 26th July, 1996. This Court also observed that the proceedings before the arbitrator

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 Bulchandani on section 85(2)(b) of the 1996 Act to urge that even though the Arbitration Act, 1940 ('1940 Act') stood repealed by the 1996 Act, all rules made under the said enactment shall, to the … pointed out that, even according to the petitioners, Haresh Melwani, though a party to the arbitration agreement dated 26.12.1996, is not a necessary party. The award confers no benefits on Haresh Melwani and Haresh Melwani would in

Bhilai Wires Limited Vs. Bharat Sanchar Nigam Ltd.

Court : Kolkata

Subject : Contract

Acts : Arbitration Act, 1940 - Sections 20, 30, 33, 37(3), 85(1) and 85(2); ; Arbitration and Conciliation Act, 1996 - Sections 4, 11, 11(6), 21, 31, 34, 85 and 85(2); ; Interest Act - Section 5; ; Code of Civil Procedure (CPC) - Section 34

between them'. When the issue was pending before the Division Bench vide ordinance dated January 26, 1996 the Arbitration Act of 1940 was repealed and the Arbitration and Conciliation Act, 1996 came into force. The said ordinance was … the arbitration Court. Their Lordships observed, '...it will be open to the forum before which any application under Section 20 may be filed to consider the issue independently of any observation of this Court'. The Division Bench

Deputy Manager (Engg.), Food Corporation of India, Engineering Divisio ...

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 30; Arbitration and Conciliation Act, 1996 - Sections 21, 34, 85 and 85(2); The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2009(6)ALT186

of 1940) (for brevity 'the 1940 Act') read with Section 34 of the Arbitration and Conciliation Act (Act 26 of 1996) (for brevity 'the 1996 Act'), seeking to set aside the award, dated 06-09-1999, passed by the … which is thus:Section 85: Repeal and saving:(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2)

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

Subject : Arbitration

laid down in the original Section 34 of the 1996 Act, when contrasted with Section 30 of the Arbitration Act, 1940. According to the learned senior counsel, party autonomy must be respected, and this being the position, parties who … NARIMAN, J.1. Leave granted.2. The present batch of appeals raises an important question as to the construction of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 2 (hereinafter referred to as the “Amendment Act”), which reads … the 1996 Act, as expounded in Thyssen (supra), was because Section 85 repealed three enactments together, and not because it sought to refer to 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 … 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 … in India vs. Kochi Cricket Pvt. Ltd. & Ors. MANU/SC/0256/2018, he submits that even otherwise, in view of Section 26 of the Amending Act, as interpreted by the Supreme Court, the Award having been passed after coming into

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 … 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 been

M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151; Arbitration and Conciliation Act, 1996 - Sections 1(3), 46, 47, 48, 49, 50(1), 85(2) and 86(2); Arbitration Act, 1940 - Sections 14 and 17; Foreign Awards Act - Sections 2(7), 7, 8, 21, 47 and 48; Foreign Awards (Recognition & Enforcement) Act, 1961; General Clauses Act, 1897 - Sections 6; Constitution of India - Articles 123, 213 and 367(2)

Reported in : AIR2001SC2293; 2001(2)ARBLR1(SC); (2001)3CompLJ9(SC); JT2001(Suppl1)SC263; 2001(3)SCALE708; (2001)6SCC356; [2001]3SCR479; MANU/SC/0329/2001

contract for the sale and purchase contained an arbitration agreement. The arbitration proceedings commenced on 14.9.1995 under the Arbitration Act, 1940 (for short the hold Act'). Award was given on 24.9.1997 by the time the Act had come into … foreign award under that Act. But before that right could be exercised the Foreign Awards Act had been repealed. It cannot, therefore, be said that any right had accrued to the party for him to claim to … the High Court against the respondent. The respondent filed an application under Section 151 CPC (E.A. 347 of 1998) seeking dismissal of the execution petition. … with effect from 25.1.1996. The second Ordinance, 1996 was also promulgated on 26.3.1991 as a supplement to main Ordinance giving retrospective effect from 25.1.1996. The

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

enactment of the Arbitration and Conciliation Act, 1996 (for short, 'Act No. 26 of 1996') w.e.f. 25.1.1996, the Arbitration Act, 1940 (for short, 'repealed Act … 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

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

Subject : Land Acquisition

January, 1981. (2) Words and expressions used but not defined in this Act and defined in (a) the Arbitration Act, 1940 (Central Act 10 of 1940); or (b) the Arbitration and Conciliation. Act, 1996 (Central Act 26 of 1996), … (1) The Kerala Revocation of Arbitration Clauses and Reopening of Awards Ordinance, 1998 (6 of 1998), is hereby repealed. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed … of Arbitration Clauses and Reopening of Awards Act, 1998 Preamble ………….. ……….. Section 1 ­ Short title, extent, commencement and application (1) This Act may