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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)

no provision in the 2nd schedule to the CPC, which was repealed by the Arbitration Act, 1940, like Section 32 of Section 33 of the Act.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 institution of suits concerning arbitration agreements or awards … 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

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Subject : ContractArbitration

Acts : Arbitration Act, 1940 - Sections 2, 30 and 32; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 4(1), 4(2), 7, 7(1) and 9; ;Contract Act, 1872 - Section 23; ;Specific Relief Act, 1877 - Section 39; ;Code of Civil Procedure (CPC) , 1908 - Section 9

Reported in : AIR1960Cal702,64CWN616

and Convention) Act 1937. Besides, such suit will no longer be maintainable under Section 32 of the new Arbitration Act 1940. The authority of that decision of the Privy Council therefore has disappeared except the observations of Viscount Cave … void and of no effect. Banerjee, J., held that Section 32 does not have the effect of impliedly repealing Section 39 of the Specific Relief Act and so a suit which challenges the validity of a contract

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legislative history on this branch of jurisprudence, the past decisions on the repealed Law and the decisions on the- new Arbitration Act, 1940 is of … certain Division Benches, we referred to the decision of a Full Bench the following questions:1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 … by the scope and effect of Sections 31, 32 and 33 which are mutually inter-linked.Among those sections, logically Section 32 comes first. It provides that 'no suit shall lie on any ground whatsoever for a decision upon the

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. … 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 … statutes. In particular, my Learned Brother holds that Section 6 of the Hong Kong Ordinance is similar to Section 32 of the English Act (both of which are not present in our Act), as a distinguishing feature rendering

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

the commercial contract in question, the suit by the suppliers was not competent as Section 32 of the Arbitration Act, 1940 provides that no suit would li; on any ground whatsoever for a decision upon the existence, effect or … Section 389, Sub-sections (1) and (3) of the Indian Companies Act I of 1956, (before that section was repealed in 1960) an Indian Company may agree to refer differences, between itself and any other company or person

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

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 … 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 … an arbitral award on agreed terms and section 31 provides for forms and contents of arbitral award. (e) Section 32 provides that the arbitral proceedings shall be terminated by the final arbitral award. Section 33 provides for correction

Selected Marbles Home and ors. Vs. Arun Kumar Kamal Kumar and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 20, 30, 32 and 33; Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2005(1)ARBLR94(Delhi); 115(2004)DLT117

Once again we are called upon to determine an important question. The question is ''whether the provisions of Arbitration Act, 1940 (hereinafter referred to as '' old Act'') or that of Arbitration and Conciliation Act, 1996 (referred to as … 1940 (10 of 1940) and the 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 apply in relation to arbitral proceedings … Foreign Awards Act Foreign Awards (Recognition and Enforcement) Act, 1961.'7. In para 32 of the judgment, the Supreme Court further held that to have an … narrow compass. Vide an order dated 18.9.1995 passed in Suit No.3708/1991 under Section 20 of the old Act, this Court appointed Mr.Justice (Retd.) Charanjit Talwar

Union of India (Uoi) Through Executive Engineer Vs. R.K. Goel and Asso ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 21, 34(3), 85 and 85(2); Arbitration Act, 1940 - Sections 11, 12, 30 and 32; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : (2008)110BOMLR1189

Section 34(3) of the Arbitration and Conciliation Act, 1996 (New Arbitration Act) though the Arbitration commenced under the Arbitration Act, 1940 (Old Arbitration Act).2 The Respondents tender was accepted by the Appellants on 11.6.1990 on the terms and conditions … 1940 (10 of 1940) and the 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 apply in relation to arbitral proceedings which … the learned Counsel for the appellant is in the following paragraph (para 32) of Thyssen's case wherein the Court has specifically held that once the

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 … arbitration agreement could be decided, and that Court is the Court defined in the Act by Section 2(c). Section 32 emphasises the fact that no suit shall lie on any ground whatsoever for a decision 'upon the existence, … 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

Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited

Court : Delhi

Subject : Arbitration

would not be applicable to the present case as that judgment was based on the provisions of the Arbitration Act, 1940 and the Foreign Awards Act, 1961 both of which have been repealed. It is further urged that Section