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Techmo Car Spa Vs. the Madras Aluminium Company Ltd. Represented by It ...

Court : Chennai

Subject : Arbitration

Acts : Administration and Conciliation Act, 1996 - Sections 37

Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; [2005]123CompCas533(Mad); 2004(3)CTC754; [2004]54SCL100(Mad)

11 of the decision is pressed into service:'11. It is true that the said Arbitration Act, 1940 stands repealed by the Act of 1996 and the provisions contained in the Code of Civil Procedure are not applicable … as it has for the purpose of, and in relation to, any proceedings before it.'Section 41(b) of the Arbitration Act, 1940 corresponds with Section 9 of the Arbitration and Conciliation Act, 1996. Under the Act of 1940, the Court

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 … 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for … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the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

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 … nothing in this section shall affect or take away any right to appeal to the Supreme Court." (c) Section 41 provides for procedure and powers of court and reads thus : "41. Procedure and powers of Court.- Subject

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 … 33 of the Act. Then follows the last Chapter VII of the Act containing miscellaneous provisions of which Section 41 may be noticed as providing that the Code of Civil Procedure shall apply to all proceedings before the

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

1996 Act, all matters relating to arbitration, both domestic and foreign, was governed by several statutes, viz., the Arbitration Act, 1940 (for short "the 1940 Act"), Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) … as under : "This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for … Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. All the aforementioned statutes have been repealed by the 1996 Act and make provisions in two different parts, namely, matters relating to domestic award and … jurisdiction in terms of Article 8.3 of the ICC Rules as also Section 16 of the 1996 Act. (iii) the claim of Centrotrade based on

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 … not of contraction.In Mansukhlal Dhanraj Jain and Ors. v. Eknath Vithal Ogale : [1995]1SCR996 this Court was considering Section 41(1) of the Presidency Small Cause Courts Act, 1882 and the scope of the expression 'relating to the recovery

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)

Execution No. 163/2001 under Order XXI Rule 26 and 29 read with Section 151 of the CPC and Section 41 of the Arbitration Act, 1940 for stay of the execution proceedings. It was ordered by the Court that … 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

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

Moradhwaj Vs. Bhudar Das

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8

Reported in : AIR1955All353

With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … C. apply to arbitrations under the Arbitration Act (vide Sections 37 and 41 respectively) words used in Acts 'pari materia' are to be interpreted in … awarding costs, or otherwise as are hereinbefore contained in regard to Courts of original jurisdiction.' This section was repealed by Section 1 of Act 23 of 1861, but Section 37 of that Act provided that:'Unless when otherwise

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 … cited in support of the argument. Attention was drawn to paras 40, 41 and 43 in the first judgment and paras 39 and 40 in … 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.