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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position, parties who … was used in Section 85 of the 1996 Act, as expounded in Thyssen (supra), was because Section 85 repealed three enactments together, and not because it sought to refer to Court proceedings. He reiterated that in the … been suggested by the Commission to section 36 of the Act, which 29 provide that the award will not become unenforceable merely upon the making

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1839 - Sections 1; Code of Civil Procedure (CPC), 1908

Reported in : AIR1967Bom347; (1966)68BOMLR586

been raised in this notice of motion is as to whether the Court under Section 29 of the Arbitration Act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the … entitled to claim interest if the conditions of the said Act were fulfilled has not been superseded or repealed by the Arbitration Act. In this behalf he invited me attention to Section 49 of the Arbitration Act

Maria Cristina De Souza Sodder and ors. Vs. Amria Zurana Pereira Pinto ...

Court : Supreme Court of India

Subject : Civil

Acts : General Clauses Act, 1867 - Sections 6; Limitation Act, 1963 - Sections 29(2) - Schedule - Article 116; Arbitration Act, 1940; General Clauses (Amendment) Act, 1897 - Sections 6; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1979SC1352; (1979)1SCC92; 1978(10)LC718(SC)

and Diu, (c) the Parliament also enacted the Goa, Daman and Diu (extention of the CPC 1908 and Arbitration Act, 1940) Act, 1965 (Act XXX of 1965) where-under the provisions of the Indian CPC 1908 were extended to the … Act, 1963 repealed only the Indian Limitation Act, 1908 and not other Act; moreover, under Sub-section (2) of Section 29 of the Act the provisions relating to limitation contained in the Portugues Code would be 'local Law' which

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

Good Value Engineers Vs. M.M.S. Nanda

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 37, 37(1), (2) and (3); Arbitration and Conciliation Act, 1996 - Sections 21, 85, 85(1) and (2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Indian Limitation Act, 1908

Reported in : 2002(61)DRJ573

an answer is as to whether in the facts of the case in hand the provisions of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996 would apply.2. This question arises on basis of the facts that … promulgated the Arbitration and Conciliation Ordinance on 16.1.1996. With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3. It is on the strength of these facts that it had been urged in terms that since notice … this back/drop, one can conveniently refer to the relevant provisions of law.5. Section 21 of the Arbitration and Conciliation Act, 1996, in its stark brevity … said on that date that since the claimant/appellant had on 9.1.1995 or 29.11.1995 made a demand for appointment of an Arbitrator, the arbitration proceedings had

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 … conditions of arbitration agreement. Rule 8 of the First Schedule confers power on the Arbitrator to award cost. Section 29 confers power on the court to award interest on the amount awarded by the Arbitrator from the date … 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

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) … Sri Justice M. Krishnarao died; that subsequently the said appeal C.M.A. No. 425 of 1996 was dismissed on 29-11-1996 with a direction to appoint a new arbitrator in the place of deceased arbitrator.5. Consequently, the claimant filed

Government of Andhra Pradesh Vs. Durgaram Prasad

Court : Andhra Pradesh

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 30 and 37; Limitation Act, 1963 - Sections 5 and 29(2) - Schedule - Article 119; Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC), 1908 - Order 21

Reported in : AIR1984AP14

wherein it is held that Section 5 of the Limitation Act does not apply to the proceedings under Arbitration Act 1940 and therefore it cannot be invoked in extending time for filing application to set aside the award. To … effect set out in that section and the reference to the provision repealed is required to be construed as reference to the provision as re-enacted.'It … AIR1969Cal381 it is held by the Orissa High Court that in view of the change brought about in Section 29 of the New Limitation Act, the Court has jurisdiction to extend the time by condoning the delay in

Ardee Infrastructure Pvt. Ltd vs.ms. Anuradha Bhatia

Court : Delhi

Subject : Arbitration

of Section 85(2)(a) by the Supreme Court. The Supreme Court examined the applicability of the provisions of the Arbitration Act, 1940 which had been repealed in relation to arbitration proceedings which had commenced prior to the enactment of the … Act which pertained to the second and third categories of cases. FAO (OS) Nos.2& 2Page 24 of 30 29. In such a situation, it would have to be considered, independent of Section 26 of the Amending Act,

Ardee Infrastructure Pvt. Ltd vs.yashpal & Sons

Court : Delhi

Subject : Arbitration

of Section 85(2)(a) by the Supreme Court. The Supreme Court examined the applicability of the provisions of the Arbitration Act, 1940 which had been repealed in relation to arbitration proceedings which had commenced prior to the enactment of the … Act which pertained to the second and third categories of cases. FAO (OS) Nos.2& 2Page 24 of 30 29. In such a situation, it would have to be considered, independent of Section 26 of the Amending Act,