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Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Subject : PropertyArbitration

Acts : Partnership Act - Sections 44; Arbitration Act, 1940 - Sections 8, 20 and 34; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1) and 8(3)

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

M/s Parasnath Builders Pvt. Ltd. as well as Smt. Kalpana Kothari filed applications under Section 34 of the Arbitration Act, 1940, in the Trial Court, relying upon the arbitration clauses contained in the Partnership Deed dated 31.1.87 and the … they do no press their applications under Section 34 of the Arbitration Act, 1940, in view of the repeal of the 1940 Act and for their dismissal as not pressed and consequently, the same was allowed on … the background of the disputes between parties on a bird's eye view. 3. One Shri Laxmi Narain Yadav (since dead) was running a hotel business

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 … conditions required to be fulfilled for invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act.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

Vasudeo Wadiraj Rao Vs. Hotel Padma and ors.

Court : Mumbai

Subject : Arbitration

Reported in : (2000)102BOMLR138

of the dispute for arbitration and the application was not maintainable. He submitted that Act of 1940 is repealed in view of Section 85 of the Act, 1996 and hence the Petitioner cannot rely upon Clause 15 … of partnership dated 7.4.1992 provided for referring the dispute for arbitration in accordance with the provisions of the Arbitration Act, 1940 (hereinafter referred to as the Act, 1940) to two Arbitrators one chosen by each.6. The learned Counsel for … note that Section 8 of Act, 1996, which corresponds to the Section 34 of the Act, 1940, has brought about various changes. I do not

The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the … to account and that they are bound to return to the plaintiffs 3407 metric tons of steel entrusted to them and unused. The first defendant,

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the … to account and that they are bound to return to the plaintiffs 3407 metric tons of steel entrusted to them and unused. The first defendant,

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after … of cases by the special court.10. The persons liable to be tried under this Act are notified persons. Section 3 of the Special Courts Act provides for notifying a person for trial under the Act. Sections 3(1) and

Prime Century City Developments Pvt. Ltd. Vs. Ansal Buildwell Limited

Court : Delhi

Subject : Contract

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 8(1), 8(3) and 9; Companies Act - Sections 433, 434 and 439; Arbitration Act, 1940 - Sections 20, 34, 397 and 398; Code of Civil Procedure (CPC) - Order 37; Statutory Mediatorial Act; Specific Relief Act, 1963 - Sections 14

Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)

could be co-related to the relief of the Company Petition. These observations were made in relation to the Arbitration Act 1940, the provisions of which are far less stringent than those of the Arbitration and Conciliation Act 1996, as … by the appellants under Section 34 of the Arbitration Act, 1940, as not pressed in view of the repeal of the 1940 Act and coming into force of the 1996 Act an getting orders thereon, the appellants … contract so as to be referred to arbitration, and since under Section 34 of the 1940 Act, only proceedings in respect of any matter agreed

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 … had held that an appeal would not lie before the Division Bench. The Bombay High Court after interpreting Sub-section (3) of Section 6 of the Specific Relief Act, 1963, arrived at conclusion that the aforesaid provision barred any

V.O. Tractoroexport, Moscow Vs. Tarapore and Company and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR1971SC1; (1971)IIMLJ44(SC); (1969)3SCC562; [1970]3SCR53; MANU/SC/0003/1969

Official Gazette, declare to be territories to which the said Convention applies.'Section 3 'Notwithstanding anything contained in the Arbitration Act, 1940, or in the CPC, 1908, if any party to a submission made in pursuance of an agreement to … an Act to give effect to the protocol and there is respectable, though now antiquated, authority, namely, the repealed Section 27 of the Act of 1889, for giving a wider meaning to 'submission' if the context so requires.

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 … 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 … court from an order of the arbitral tribunal- (a) acceptingthe plea referred to in sub-section (2) or sub- section (3) of section 16; or (b) granting or refusing to grant an interim measure under section 17. (3) No