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Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application.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

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)

the 2nd schedule to the CPC, which was repealed by the Arbitration Act, 1940, like Section 32 of Section 33 of the Act.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 and provides that … 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

Mr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28

Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).

Matched in: Advocate S.S. Kanetkar, Adv. in Writ Petition No. 4064 of 2008, R.D. Dhanuka, ;R. Yadav, ;R.Y. Shirsekar and ;H.C. Pimple, Advs. in Arbitration Petition No. 340 and 341 of 2007 and Arbitration Petition (L) No. Vikas Shivarkar, Adv. for Respondent Nos. 3 and 4 in Writ Petition No. 4064 of 2008, ;Zal Andhyarujina, ;Rajeev Talasikar and ;Shivani, Advs., i/b., Javed Gaya, Adv. in Arbitration Petition No. 340 an

Rajan Kumar Verma and anr. Vs. Sachchidanand Singh

Court : Patna

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 8, 85 and 85(2); Arbitration Act, 1940 - Sections 3 and 32 to 36; United Nations Commission on International Trade Law

and the Developer, they would solve the said problem by appointment of an Arbitrator under the provisions of Arbitration Act, 1940 (hereinafter referred to as 'the Act of 1940' for the sake of brevity). Hence he averred that if … On the other hand, learned counsel for the plaintiff-opposite party has submitted that, the Act of 1940 was repealed by Section 85 of the Act of 1996 and according to the said section the Act of 1940 … possession is given to him. The arbitration clause was included in paragraph 33 of the original agreement and it was stated that in case of

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

Court : Himachal Pradesh

Subject : Arbitration

Reported in : 2009(1)ShimLC449

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 … the old Act i.e. The Arbitration Act, 1940. The appellant then filed objections under Section 30 read with Section 33 of the Arbitration Act, 1940 before the District Judge, Mandi because the amount of the award was within … 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

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 … Judge treated the application, so far as it asked for the first two reliefs, as an application under Section 33, Arbitration Act and held it to be barred by limitation; but he allowed the appellants to withdraw the

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 … 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 … to exercise their rights in terms of provisions contained in sections 33 and 34 of the new Act. Section 33 of the new Act provides that within 30 days from the receipt of the arbitral award, the parties

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)

impugned Award may be set aside/quashed on the grounds set forth in Section 30(a) and (c) read with Section 33 of the Arbitration Act (X of 1940). No reply to these Objections had been filed by the Unibros.4. … 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. … (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

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 … Banerjee, J.1. 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

Premier Fabricators, Allahabad Vs. Heavy Engineering Corpn. Ltd., Ranc ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30

Reported in : 1997(1)ARBLR517(SC); JT1997(4)SC220; 1997(3)SCALE208; (1997)4SCC319

appellant, the Civil Court made the award rule of the court and the application under Section 33 of Arbitration Act, 1940 (for short, the 'Act') to set aside the award was dismissed. The respondent preferred an appeal in the … be incumbent upon the arbitrator to give reasons in the award. In the Arbitration and Conciliation Act, 1996 repealing the 1940 Act, it is indicated in Section 31(3) that the arbitral award shall state reasons upon which