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Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … challenge the award under the new Act. High Court was wrong that the arbitration clause was hit by Section 28 of the Contract Act and that the agreement for the application of the new Act has to be … Act treated this as unreasonable disturbance to the tenant entitling him to compensation, the latter Act of 1914 repealed Section 11. The Court held that in spite of the repeal of Section 11 tenant had acquired right to

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for the respondent submits that … Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.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 … 19.12.2016, wherein the parties had agreed to extend the time for making of the Award in terms of Section 28(2) of the Arbitration Act, 1940.3. On the other hand, counsel for the petitioner submits that the Arbitration Agreement

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 learned counsel for the appellants, is that the impugned order dated 28.12.2000 passed by the Company Law Board cannot relate for the purpose of

Mahanagar Telephone Nigam Limited Vs. Unibros and ors.

Court : Delhi

Subject : Arbitration

Acts : Indian Arbitration Act, 1940 - Sections 14, 16(6), 17, 27, 30, 32, 33, 34, 34(2), 41 and 85(2); Arbitration and Conciliation Act, 1996; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rules 26 and 29

Reported in : 2003(2)ARBLR346(Delhi); 105(2003)DLT837; 2003(71)DRJ719; [2003]46SCL18(Delhi)

Vikramajit Sen, J.1. Parliament's resolve of interring the Arbitration Act, 1940 would be futile if the contention raised in this petition on behalf of the Mahanagar Telephone Nigam Ltd. … 'This petition has been preferred by the petitioner, M/s Uni Bros under Section 14 & 17 read with Section 27 of Arbitration Act, 1940 against … of the Mahanagar Telephone Nigam Ltd. (MTNL for short) is to be accepted. Further, the ghost of the repealed statute would have encountered only an unsuccessful exorcism despite the perspicuous judgment of the Apex Court in Thyssen … have been filed. Notice of the suit was issued to Unibros for 28.2.2002. On 5.9.2001 MTNL filed Objections against the Award dated 29.12.2002 praying therein

Durga Charan Routray Vs. Secretary, Water Resources Department, Govern ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant … as the claimant and based its award on the analysis of the 28 labour charges as filed by the State itself and that too, on

State of Orissa Represented Through the Secretary Vs. Durga Charan Rou ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant … as the claimant and based its award on the analysis of the 28 labour charges as filed by the State itself and that too, on

Secretary, Irrigation Department, Government of Orissa and Others Vs. ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 3, 17, 30, 41, 47; Arbitration Act, 1934 - Sections 11; Code of Civil Procedure (CPC), 1908 - Sections 5(3), 23 and 34; Sale of Goods Act, 1930 - Sections 61; Interest Act, 1839; Punjab Requisition and Acquisition of Immovable Property Act, 1948

Reported in : AIR1992SC732; 1992(1)ARBLR145(SC); JT1991(6)SC349; 1992(I)OLR(SC)215; 1991(2)SCALE1369; (1992)1SCC508; [1991]3SCR417; [1991]Supp3SCR417; 1992(1)LC276(SC); MANU/SC/0142/1992

the dispute. This power of the arbitrator was not fettered either by the Arbitration agreement or by the Arbitration Act, 1940. The contention that in an arbitration in a suit the arbitrator had no power to award pendente lite … and discretionary remedy given to a court of law; that the law Reform (Miscellaneous Provisions) Act, 1934, which repealed Section 28 of the Civil Procedure Act, 1833, was not concerned with the powers of arbitrators; and that the plaintiff

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 … 1996. The subject matter of dispute necessarily to be adjudicated under Clause 28 of the said agreement dated 1.8.1995.6. The plaintiff has filed objections contending

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) … 4 at page No. 39) and Milkfood Ltd. v. GMC Ice Cream (P) Ltd. : (2004) 7 SCC 288 (at paragraph No. 83 at page No. 319).23. In Thyssen's case (supra), the apex Court held that(a) provisions

Sardool Singh Vs. Hari Singh and ors.

Court : Punjab and Haryana

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 16, 17 and 32; Registration Act

Reported in : AIR1968P& H204

be seen whether an award,without the intervention of the Court, madesubsequent to the coming into force of theIndian Arbitration Act, 1940 deciding questions of title to immovable property worthone hundred rupees and upwards is com-pulsorlly registrable. We have, therefore,to … provisions of this Chapter shall apply to all arbitrations, which will include arbitration without reference to the Court. Section 28 gives power to the Court to enlarge the time for making the award. Section 30 enumerates the grounds … purpose of obtaining a decree thereon has not been shaken by the repeal of schedule 2, Civil Procedure Code, and the enactment of the Arbitration