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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

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view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the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 … Sagar Tank Project in Guna District of Madhya Pradesh on 19-2-1999. Clause 4.3.29.2 of the Conditions of Contract provides that any claim valued at Rs.

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Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application.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 … proceeding with the OP No.161of 1998 filed by the respondent Nos.1 to 4 for the reasons stated in the affidavit accompanying the petition.2. The writ

Cosmo Ferrites Ltd. Vs. Himachal Builders

Court : Himachal Pradesh

Subject : Arbitration

Reported in : 2006(3)ShimLC165

petitioner. In this letter it was stated that Arbitration Act, 1940 stands repealed by Section 85 of the Arbitration and Conciliation Ordinance, 1996 and, therefore, … the respondent.2. The respondent thereafter filed a petition before this Court under Sections 8 and 20 of the Arbitration Act, 1940 for appointment of an Arbitrator. This petition was registered as Civil Suit No. 33 of 1992. By an … the party acquiesces in the matter and forfeits its right to raise the challenge at a later stage.13. Section 4 of the Arbitration and Conciliation Act, 1996 reads as follows:Waiver of right to object.-A party who knows that-(a)

Sardar Sarovar Narmada Nigam Ltd. Vs. Aarti Steel Industries and anr.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration Act, 1940 - Sections 2, 14, 14(2), 17, 30, 33, 37, 37(3) and 39; Indian Limitation Act, 1908; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : (2002)1GLR186

Judge has passed a judgment and decree under the provision of Old Arbitration Act, 1940 which is already repealed by the New Arbitration Act, and therefore, also the learned trial Court has no jurisdiction to pass a … Appellate (original respondent) has filed these First Appeal Nos. 1679 and 1680 of 2000 under Section 39 of Arbitration Act, 1940 (hereinafter be referred to as 'the Old Arbitration Act') against the judgment and decree passed by the Civil … Arbitration (hereinafter be referred to as 'the Tribunal at Ahmedabad') somewhere on 4th July, 1995. The respondent, thereby commenced the Arbitration proceedings under the relevant

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 … Haryana High Court dismissed the application holding that the proceedings under Section 434 read with Section 439 of the Companies Act operate in a completely

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 … this case is: Whether the finding of the court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the

Ram Kumar Pathak Vs. Krishna NaraIn Pathak and ors.

Court : Allahabad

Subject : ArbitrationCivil

Acts : Arbitration Act, 1996 - Sections 21, 85 and 85(2); Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151 - Order 9, Rule 13; Uttar Pradesh Civil Laws (Amendment) Act, 1991; Arbitration Act, 1940; Constitution of India - Article 226

Reported in : 2005(1)AWC718

pleadings of the parties as discussed by the trial court as well as the revisional court that the Arbitration Act, 1940, has been repealed by Arbitration Act, 1996, with effect from 25th January, 1996, when the Arbitration Act, 1996, … stands vacated. However, the parties shall bear their own costs. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of

Shyam Telecom Ltd. Vs. A.R.M. Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 9, 11(6), 14(2), 34, 37, 37(1), 39 and 39(1); Delhi High Court Act, 1966 - Sections 10 and 10(1); Arbitration Act, 1940 - Sections 39(1); Specific Relief Act - Sections 6 and 6(3); Motor Vehicles Act - Sections 140; Code of Civil Procedure (CPC) - Sections 4, 100A and 104(1); Guardians and Wards Act; Succession Act; Constitution of India - Article 136

Reported in : 2008(3)ARBLR615(Delhi)

Section 39 of the Arbitration Act, 1940 cannot be said to be repealed by implication by Section 10(1) of the Delhi High Court Act, 1966. … Single Judge to a Division Bench and the said Section does not overwrite Section 39(1) of the old Arbitration Act, 1940 which is a special provision dealing with right of appeal in arbitration matter. It is pertinent to mention … of the Letters Patent would always prevail unless there was a specific exclusion. This is also clear from Section 4 of the Civil Procedure Code which provides that nothing in the Code shall limit or affect any special

Maria Cristina De Souza Sodder and ors. Vs. Amria Zurana Pereira Pinto ...

Court : Supreme Court of India

Subject : Civil

Acts : General Clauses Act, 1867 - Sections 6; Limitation Act, 1963 - Sections 29(2) - Schedule - Article 116; Arbitration Act, 1940; General Clauses (Amendment) Act, 1897 - Sections 6; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1979SC1352; (1979)1SCC92; 1978(10)LC718(SC)

and Diu, (c) the Parliament also enacted the Goa, Daman and Diu (extention of the CPC 1908 and Arbitration Act, 1940) Act, 1965 (Act XXX of 1965) where-under the provisions of the Indian CPC 1908 were extended to the … from June 15, 1966,with the corresponding provisions of the Portugues Code being repealed & (d) the Legislative Assembly of Goa, Daman a id Diu enacted … on the point of limitation raised by the respondents. As regards limitation he took the view that under Section 4 of the Central Act No. XXX of 1965 (which dealt with repeal of and savings) though the Indian

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Subject : BankingCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 24(1), 26, 26(2) and 27; Securities and Exchange Board of India (Amendment) Act, 2002; Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940; Goa, Daman and Diu Civil Court Act, 1965 - Sections 4 and 22; General Clauses Act, 1897 - Sections 6 and 6(3); Criminal Law (Amendment) Act, 1952 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 115, 374(2), 374(3), 397, 397(1) and 468; Code of Criminal Procedure (CrPC) , 1882 - Sections 31 and 439; Constitution of India - Article 227

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

governed by the provisions of the Goa, Daman and Diu (Extension of Code of Civil Procedure, 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) read with the provisions of the Goa, Daman and Diu Civil … Daman and Diu and the corresponding provisions of the Portuguese Code were repealed while under the Goa Act XVI of 1965 the instant suit which … remedy in respect thereof.This position has been made clear by Clauses (b) and (c) of the proviso to Section 4 of the Central Act XXX of 1965 which substantially correspond to Clauses (c) and (e) of Section 6