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Delhi Airport Metro Exptress Private Limited (India) vs.construcciones ...

Court : Delhi

Subject : Arbitration

the Supreme Court in National Thermal Power Corporation vs. Singer Company(supra). That was a case pertaining to the Arbitration Act, 1940 and the Foreign Awards (Recognition and Enforcement) Act, 1961. In that case the Agreement between the parties provided … situation and led to the doctrine of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to omit Section 9(b) of the 1961 … Concession Agreement with DMRC stood terminated. The petitioner served a letter dated 27.6.2013 on DMRC for handing over of the project assets post termination of

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reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … appellants, filed Company Petition No. 76 of 1999 before the Company Law Board, Principal Bench, New Delhi,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 … the substantive law, the foundation for specific relief provided for in Section 27(b), Specific Relief Act, is to be found in para 2 of the

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

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Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2)

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

code. For the aforesaid issue, it is not necessary to examine the differences between the provisions of the Arbitration Act, 1940, and the Arbitration Act, 1996. It is also not necessary to examine the scope of any particular provision … and in the Code of 1908 by section 104. In 1940, the legislature enacted Act X of 1940, repealing schedule 2 and section 104(1) clauses (a) to (f) of the Code of Civil Procedure 1908 and the … why the right of appeal is described as a creature of statute." 27.It is clear that if there is no bar in any statute, no

Sambhu Nath Rameshchandra Sarcar Vs. Surendra Manilal Jhaveri

Court : Mumbai

Subject : Arbitration

Reported in : (1978)80BOMLR34

Notice of Motion taken out by the defendant for stay of the suit under Section 34 of the Arbitration Act, 1940. This Motion is resisted by the plaintiff on three grounds, namely, (1) that the affidavit in support of … 4(1) of the English Arbitration Act of 1950 and Section 4 of the Arbitration Act, 1889, which it repealed and reenacted, are in pari materia with our Section 34. With reference to the English section, the view … January 1, 1970 and was to be a partnership at will. Clause 27 of the said partnership agreement is the arbitration clause and is in

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, … the financial institutions freeze such accounts consistent with the Interim Awards. On 27.07.2012, the Emergency Arbitrator made an amendment to Interim Awards dated 28.05.2012 and

Asian Securities and Estates Lim Vs. Ms. Nausheen Riyaz and Oth

Court : Andhra Pradesh

Subject : Land Acquisition

1940. Thereafter, he filed an application on 28.2. 2005 praying that as the Arbitration Act, 1940 had been repealed and the suit is of 1998, to avoid any confusion, his earlier petitions may be treated to have … part of the judgment, defendant No.3 had moved an application on 25.11. 2004 under Section 34 of the Arbitration Act, 1940 for staying the proceedings of the title suit and for referring the matter to arbitration. He filed a … Cases 677 15. AIR1962Supreme Court 406 16. (2006) 7 Supreme Court Cases 275 17. 2013 (6) ALT457(D.B.) AIR1997Cal 397 2011 (3) CHN680AIR2000P&H53ILR2005(3) Kerala 268 ILR2006(2)

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

proceedings cannot have the application of any provision of old Act or 1940 and the old Act was repealed and the Hire Purchase Agreement in the real sense is the agreement entered into as per the provisions … void contract and the same is not capable of being in force in view of the repeal of Arbitration Act, 1940?.2. Whether the plaintiffs prove that there was no dispute capable of being referred for arbitration and as such … and also the grounds urged in the said arbitration suit filed under Section 34 of the Arbitration and Conciliation Act, 1996 and also on the … award. The dispute was in connection with the Hire Purchase Agreement dated 27.08.1997 entered into between the parties i.e., 3 appellant as owner, respondent No.1

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 … the Maharashtra Act 17 of 1986 has been amended by Maharashtra Act 27 of 2008, which has restored the position existing before the passing of

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

that date under any agreement or reference made before the commencement of this Code.The said provision however, was repealed by Section 49 and Schedule III of Arbitration Act (10 of 1940). The Arbitration Act of 1940 itself … enormous expenses and long time spent, Government was desirous to have a second look to the provision of Arbitration Act, 1940 with a view to see whether the enormous delay occurring in arbitration proceedings and disproportionate costs incurred therein … rather seriously to consider amending the law. A proposal was mooted on 27th July, 1977 by Secretary, Department of Legal Affairs stating that as Public