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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 … by virtue of which certain disputes may not be submitted to arbitration.(4) This Part except Sub-section (1) of Section 40, Sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in … Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … Act treated this as unreasonable disturbance to the tenant entitling him to compensation, the latter Act of 1914 repealed Section 11. The Court held that in spite of the repeal of Section 11 tenant had acquired right to … the reference come to an end and he is 'facts officio' (p. 404). The arbitrator is not obliged by law to file his award in

Smt. Sudershan Chopra and ors. Vs. Company Law Board, Principal Bench ...

Court : Punjab and Haryana

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 6, 8 and 8(1); Arbitration Act, 1940; Constitution of India - Articles 226 and 227; Companies Act, 1956 - Sections 397 and 398

Reported in : 2003(3)ARBLR14(P& H); [2004]118CompCas341(P& H); (2003)134PLR583; [2003]46SCL247(Punj& Har)

of the 1996 Act. He has further stated that there is an application under Section 34 of the Arbitration Act, 1940 (hereinafter called the '1940 Act') for staying the proceedings, which could be moved before filing of the written … the expression 'First Statement' in Section 6 of the 1996 Act. The 'Written Statement' is used in the repealed Arbitration Act, 1940.37. Learned counsel for the respondent Nos. 2 to 5 has relied on the decisions rendered … Court.13. The Company Petition under Sections 397 and 398 read with Section 402 of the Companies Act, 1956 was filed on August 17, 1999. 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. … 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 … INTERNATIONAL COMMERCIAL ARBITRATION (E. Gaillard and J. Savage, eds. 1999) at p. 409 (para 675).30. As far as the U.S. jurisdiction is concerned, the statute

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

Subject : Arbitration

of strife.”52 62. Before the enactment of the Arbitration Act, the law on arbitration was contained in the Arbitration Act 1940,53 the Arbitration (Protocol and Convention) Act 1937, and Foreign Awards (Recognition and Enforcement) Act 1961. In 1978, the … shall not affect any law in force in India (and not expressly repealed) by which a contract is required to be made in writing, in … (2) of Section 38. Once the Collector receives an instrument, he has the power to stamp it under Section 40, if it is not a bill of exchange, a promissory note, or an instrument that is chargeable with

M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151; Arbitration and Conciliation Act, 1996 - Sections 1(3), 46, 47, 48, 49, 50(1), 85(2) and 86(2); Arbitration Act, 1940 - Sections 14 and 17; Foreign Awards Act - Sections 2(7), 7, 8, 21, 47 and 48; Foreign Awards (Recognition & Enforcement) Act, 1961; General Clauses Act, 1897 - Sections 6; Constitution of India - Articles 123, 213 and 367(2)

Reported in : AIR2001SC2293; 2001(2)ARBLR1(SC); (2001)3CompLJ9(SC); JT2001(Suppl1)SC263; 2001(3)SCALE708; (2001)6SCC356; [2001]3SCR479; MANU/SC/0329/2001

contract for the sale and purchase contained an arbitration agreement. The arbitration proceedings commenced on 14.9.1995 under the Arbitration Act, 1940 (for short the hold Act'). Award was given on 24.9.1997 by the time the Act had come into … foreign award under that Act. But before that right could be exercised the Foreign Awards Act had been repealed. It cannot, therefore, be said that any right had accrued to the party for him to claim to … Synthetics & Chemicals Ltd. & Another : 1993(41)ECC326 : 1993(41)ECC326 in para 40 has observed thus :-'40. 'Incuria' literally means 'carelessness'. In practice per incuriam … the High Court against the respondent. The respondent filed an application under Section 151 CPC (E.A. 347 of 1998) seeking dismissal of the execution petition.

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

Subject : Arbitration

laid down in the original Section 34 of the 1996 Act, when contrasted with Section 30 of the Arbitration Act, 1940. According to the learned senior counsel, party autonomy must be respected, and this being the position, parties who … an enactment by another. It is contended that as the Payment of Bonus Ordinance has been repealed by Section 40(1), the consequences envisaged in Section 6 of the General Clauses Act must follow and the present matter must

The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the … comprising Section 39 and Chapter VII is a miscellaneous Chapter containing Sections 40 to48.11. Section 2 (a) defines "Arbitration Agreement" as meaning a written agreement

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the … comprising Section 39 and Chapter VII is a miscellaneous Chapter containing Sections 40 to 48.11. Section 2 (a) defines 'Arbitration Agreement' as meaning a written

M/S Basai Steels and Power Pvt Ltd., Vs. M/S Gobins India

Court : Karnataka Dharwad

Subject : Arbitration

Engineering Pvt.Ltd. & Another 46 Prathishthanam (supra), drew the attention of this Court to Section 8(2) of the Arbitration Act, 1940. For easy reference, relevant part of the said Section 8 of the Arbitration Act, 1940 is reproduced hereinbelow: … notice the fact that the Arbitration Agreement between the parties in the present case refers not to the repealed Arbitration Act, Date of Judgment 25.04.2017 MFA No.101307/2015(AA) C/w. MFA Crob.100134/2015 M/s. Basai Steels Pvt. Ltd. Vs. M/s. … Basai Steels Pvt. Ltd. Vs. M/s. Gobins India Engineering Pvt.Ltd. & Another 40 procedure provides other means for securing the appointment.” 6(A) The Supreme Court,