Advanced Search Results

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Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application.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

State of H.P. Vs. J.C. Gupta

Court : Himachal Pradesh

Subject : Arbitration

Reported in : 2009(1)ShimLC449

Surjit Singh, J.1. State has filed this appeal, under Section 39 of the Arbitration Act, 1940, against the order dated 10.8.2001, passed by Learned District Judge, Mandi, thereby dismissing the objections under Sections 30 … respondent. By the time, the Arbitrator gave his award dated 28th September 1996, Arbitration Act of 1940 stood repealed by The Arbitration and Conciliation Act, 1996 as the Act came into force on 22nd January, 1996. Appellant

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15 to 17 and 30 to 33; ;Code of Civil Procedure (CPC)

Reported in : AIR1956Cal321,60CWN471

legislative history on this branch of jurisprudence, the past decisions on the repealed Law and the decisions on the- new Arbitration Act, 1940 is of … certain Division Benches, we referred to the decision of a Full Bench the following questions:1 Does the Indian Arbitration Act, 1940, distinguish between an application for setting aside an award and an application for the adjudgment of an award … a fresh, application under the section.As to its third prayer, the application was treated as an application under Section 30 of the Act and the appellants were allowed to proceed with it. In support of it, they wanted

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

1996 Act, all matters relating to arbitration, both domestic and foreign, was governed by several statutes, viz., the Arbitration Act, 1940 (for short "the 1940 Act"), Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) … was required to be made a rule of court. In such a proceeding, an objection in terms of Section 30 of the 1940 Act would be entertained. Sub-section (2) of Section 30 of the 1996 Act enjoins a … Awards (Recognition and Enforcement) Act, 1961. All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely,

The Union of India (Uoi) Vs. Shri Om Prakash

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 20, 20(4) and 30

Reported in : AIR1976SC1745; (1976)4SCC32; [1976]3SCR998; 1976(8)LC450(SC)

a common judgment of the Allahabad High Court disposing of seven appeals under a Section 39(i)(vi) of the Arbitration Act, 1940. The appeals turn on the true meaning and scope of Section 38 and 30 the Act, Section 8 … be challenged in any appropriate proceeding.There was no provision in the 2nd schedule to the CPC, which was repealed by the Arbitration Act, 1940, like Section 32 of Section 33 of the Act. Section 32 bars the

Morgan Securities and Credit Pvt. Ltd. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Subject : SICACompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8(1), 8(2), 9A(1), 9A(2), 9A(3), 34, 36, 36(2) and 36(3); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 17, 18, 19, 19A, 20, 20(1), 20(3), 20(4), 22(1), 22(3), 22(4), 22(5), 22A, 25 and 32; Sick Industrial Companies (Special Provisions) (Amemdment), Act, 1993; Sick Industrial Companies (Special Provisions) (Amemdment), Act, 1994; Companies Act, 1956 - Sections 433 and 529A; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Industrial Disputes Act, 1947 - Sections 10A, 18 and 25J; Constitution of India - Article 39; Arbitration Act, 1940 - Sections 34; Delhi School Education Act, 1973; Consumer Protection Act; Industrial Employment (Standing

Reported in : AIR2007SC683; 2007(2)AWC1683(SC); (2007)2CompLJ401(SC); (2007)146PLR442; 2006(14)SCALE267; 2006(4)SCALE267; [2007]73SCL219(SC); 2007(1)LC13(SC); 2007AIRSCW350; 2006(12)SCC642

An award under the 1996 Act indisputably stand on a different footing vis--vis an award made under the Arbitration Act, 1940. Whereas under the 1940 Act, an award was required to be made a rule of the court to … Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely, matters relating to domestic award and … a judicial Authority, as it act judicially and exercise a judicial power. 30. The question again came up for consideration indirectly in P. Anand Gajapathi … the respondent company. The respondent in the meanwhile made a reference under Section 15 of SICA to the Board for Industrial and Financial Reconstruction (for

M/S. Ispat Engineering and Foundry Works, B.S. City, Bokaro Vs. M/S. S ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 33;

Reported in : AIR2001SC2516; 2001(5)ALT9(SC); 2001(2)ARBLR650(SC); (2001)4CompLJ181(SC); JT2001(6)SC1; (2001)3MLJ145(SC); 2001(4)SCALE534; (2001)6SCC347; [2001]3SCR1190

Leave granted.2.The appeal pertains to the issue of interference of Court under Sections 30 33 of the repealed Arbitration Act, 1940. Undisputably, in the contextual facts., the award in question is a non-speaking award of a former Judge of … set aside the award recording therein that the award is otherwise invalid in terms of clause (a) of Section 30 of the Act of 1940 and hence the petition for special leave to appeal to this Court.3.Section 30

Arbn. Jupiter General Insce. Co. Ltd. Vs. Corporation of Calcutta (wit ...

Court : Kolkata

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 2 and 30; ;Evidence Act, 1872 - Section 115; ;Calcutta Municipal Act, 1951 - Sections 110 and 585; ;Calcutta Municipal (Amendment) Act, 1953; ;Calcutta Municipal Act, 1923 - Section 537; ;Code of Civil Procedure (CPC) , 1908 - Order 14, Rule 1

Reported in : AIR1956Cal470

power to a company to go to arbitration might have been called for because originally a proviso of Section 30, Indian Arbitration Act, 1699 exempted Joint Stock Companies Act from the application of the said Act until repealed … gives express power to a company to refer differences to arbitration by written agreement in accordance with the Arbitration Act, 1940. It was said that if the power to contract included the power to enter into an arbiration agreement,

M/S. Reshma Constructions Vs. State of Goa

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 20, 26, 30 and 85; Arbitration and Conciliation Act, 1996 - Sections 33, 34, 36 and 85; Limitation Act, 1963 - Sections 14; The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1998(3)BomCR837; 1999(1)MhLj462

Arbitration and Conciliation Act, 1996 (hereinafter called as 'the new Act') to the arbitration proceedings commenced under the Arbitration Act, 1940 (hereinafter called as 'the old Act') and which were pending for disposal at the time when the new … 1940 (X of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (XLV of 1961) are hereby repealed. (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall apply in relation to arbitral proceedings … an arbitrator within the prescribed time, the petitioner filed an application under section 20 of the old Act in the Court of Civil Judge, Senior … dispute between the parties and the said arbitrator gave his award on 30-7-1996. Meanwhile, the new Act came into force with effect from 25-1-96. The

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 … any other view would mean that a claim for a breach of contract, which occurred about 20 or 30 years ago, need also be adjudicated under the arbitration clause. Thus, the Privy Council applied by analogy the