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Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

Rules of Arbitration of the International Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, consolidates and amends the law relating … arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M. … this batch of cases is whether an order, though not appealable under section 50 of the Arbitration and Conciliation Act, 1996 (herein after 1996 Act … brackets ( ) used to include such a word, clause, or sentence. 38. The Oxford Advanced Learner's Dictionary, Seventh edition, defines the meaning of parenthesis

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

suit pursuant to s. 3 of the Arbitration (Protocol and Convention) Act, 1937, and/or s. 34 of the Arbitration Act, 1940 and/or s. 151 of the Code of Civil Procedure, 1908 and/or the inherent powers of the High Court'; … 'Company' for the purposes of that act. Section 389 of the Indian Companies Act, 1956 (before it was repealed by Act 65 of 1960) read as follows :- '(1) A company may, by written agreement refer to … the collaboration agreement was invalid, for it obliged Kamani, contrary to s. 389 of the Indian Companies Act, 1956, to go to arbitration otherwise than

A.R. Shambulinga and anr. Vs. A.C. Lalitha and ors.

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34; ;Karnataka Court Fee and Suits Valuation Act, 1958 - Sections 38 - Schedule - Article 11; Karnataka Arbitration (Proceedings before the Courts) Rules, 2001; Arbitration and Conciliation Act, 1940

Reported in : ILR2006KAR1335; 2006(3)KarLJ128

has to be paid. The Arbitration and Conciliation Act, 1940 has been repealed due to enactment of Arbitration of Conciliation Act, 1996, In view of … of the Arbitration and Conciliation Act 1996, whether the petitioners are required to pay Court fee either under Section 38 of the Karnataka Court fee and Suits Valuation Act, 1958 or under Article 11(n) of Schedule II of … Valuation Act, 1958. Article 11(n) of the II Schedule reads hereunder:Application to set aside an award under the Arbitration Act, 1940-1) If the value of the subject matter of the award does not exceed Rs. 5000/-2) If such value

Nani Bala Saha W/O Narayan Chandra Saha Vs. Ram Gopal Saha and anr., M ...

Court : Kolkata

Subject : Arbitration

Reported in : AIR1945Cal19

to be set aside on the ground of non-registration alone,' and (v) that in view of Section 19, Arbitration Act, 1940, the reference itself was liable to be superseded. 8. On these findings he not only refused to file … she had adopted--that is to say, by applying under Schedule 2, Civil P. C, which had then been repealed--she misled the opposite parties and the Court. In these circumstances she cannot turn round and say that the

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 … v. Vasantsen Dwarkadas, : [1963]49ITR1(SC) . The relevant observations appear in paragraph 38 of the judgment of Mr. Justice Kapur and they run as follows:'In

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 … provisions may be inconsistent with the provisions contained in Sections. 3 to 38 of the Arbitration Act, 1940.8. In Society De Traction et Electricity Society … 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

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Subject : Civil

Acts : Bangalore Development Authority Act, 1976 - Sections 14, 19(3), 37, 38 and 65; The Bangalore Development Authority (Allotment of Sites) Rules, 1982; The Bangalore Development Authority (Allotment of Buildings under Self Financing Housing Scheme) Rules, 1982; The Bangalore Development Authority (Disposal of Corner Sites and Commercial Sites) Rules, 1984

Reported in : ILR1990KAR3320

37, even without Rules. Consequently, this argument fails. Our attention has been drawn to Section 41 of the Arbitration Act, 1940 which lays down that 'subject to the provisions of this Act and of Rules made thereunder', the provisions … Act, under Section 76, the City of Bangalore Improvement Act, 1945, stood repealed. Under Section 73, this Act was to have the overriding effect notwithstanding … 1989(1) KLJ 111. He also relied on the Judgment of Sopanna, J. who dealt with the scope of Section 38 of the Act in B. VENKATASWAMY REDDY v. STATE : ILR1989KAR75 . Then he formulated his own conclusions

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

the scheme of arbitration recognized thereby is inconsistent with Sections 3 to 38 of the Arbitration Act, 1940. The Arbitration (Protocol and Convention) Act 6 … 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

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

Subject : Land Acquisition

January, 1981. (2) Words and expressions used but not defined in this Act and defined in (a) the Arbitration Act, 1940 (Central Act 10 of 1940); or (b) the Arbitration and Conciliation. Act, 1996 (Central Act 26 of 1996), … (1) The Kerala Revocation of Arbitration Clauses and Reopening of Awards Ordinance, 1998 (6 of 1998), is hereby repealed. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed … of Arbitration Clauses and Reopening of Awards Act, 1998 Preamble ………….. ……….. Section 1 ­ Short title, extent, commencement and application (1) This Act may … this regard, he relies on the judgments of this Court in the 38 cases of State of Tamil Nadu and Others v. K. Shyam Sunder

Housing and Urban Development Corporation Vs. Dsa Engineers (Bombay) a ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30 and 32; Arbitration (Amendment) Act, 1996 - Sections 4, 10 and 34; Arbitration (Amendment) Act, 1985 - Sections 85, 85(1) and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Arbitration and Conciliation Act, 1996 - Sections 7

Reported in : 95(2002)DLT656

J.D. Kapoor, J.1. This petition under Section 14 of the Arbitration Act, 1940 for filing of the award dated 30.6.2001 has been thrown up interesting question of law - whether the … 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.(2) Notwithstanding such appeal:-(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced