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Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … the petitioner submits that the petitioner is entitled to invoke the jurisdiction of this court in view of Section 42 of the Arbitration and Conciliation Act, 1996, which reads as follows :'42. Jurisdiction.--Notwithstanding anything contained elsewhere in this … Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after

Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20, 21 and 34; Arbitration Rules; Code of Civil Procedure (CPC) - Sections 94 and 151 - Order 39, Rules 1 and 2; ;Arbitration and Conciliation Act, 1996 - Sections 2, 7, 8, 8(1), 8(3), 16, 42, 45 and 54; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 3; ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

is covered by the arbitration agreement or not.13. Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'. Only in terms … take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the Arbitration Act, 1940, (for short, 'the 1940 Act) having been made in terms of UNCITRAL Model Rules and having undergone a … it is the subject-matter of an arbitration agreement. This would not be such an application as contemplated under Section 42 of the Act as the court trying the action may or may not have had jurisdiction to try

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 … must be returned to the impounding officer after it is dealt with as described above.4342. In terms of Section 42 of the Stamp Act, an instrument is admissible in evidence once the payment of duty and a penalty

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 … or by curved lines or brackets [53 Fed.81 (83); 3C, CA 440]. 42. Having regard to the grammatical use of brackets or parentheses, if the

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 … 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. … Authority of India Ltd. (supra) and NALCO vs. Metalimpex 2000 (3) A.L.R. 422; it is firmly established by these judgments that the new Act came

Super Express Construction Vs. Prem Kutir Coop. Group Housing Socy.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Code of Civil Procedure (CPC) - Order 41, Rule 5; Arbitration and Conciliation Act, 1996

Reported in : 2004(3)ARBLR123(Delhi); 113(2004)DLT794; 2004(76)DRJ470

paid. The submission shall be deemed to be a submission to Arbitration within the meaning of the Indian Arbitration Act 1940 or any statutory modification thereof. The award of the Arbitrator or Arbitrators or the umpire shall be final … person is intended to be final, in contradistinction to the Award passed by the Arbitrator(s), which under the repealed 1940 Act had to obtain jural imprimatur by being declared Rule of Court. The legislature has attempted to … Vikramajit Sen, J.1. This Petition under Section 20 of the Arbitration Act raises the intricate implications and complexities of

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

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 … the 1996 Act, as expounded in Thyssen (supra), was because Section 85 repealed three enactments together, and not because it sought to refer to Court … this decision was in relation to the powers of the Supreme Court to pass such an order under section 42, the Bombay High Court in Afcons Infrastructure Limited v. The Board of Trustees, Port of Mumbai 2014 (1)

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 … decree on award. As such, the argument regarding vagueness is without substance. 4255. Insofar as the argument with regard to the State having the right

Union of India Vs. M/S. R.K. Goel and Associates

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21 and 85(2); Arbitration Act, 1940 - Sections 23, 24, 31(3) and 33; Limitation Act, 1963 - Sections 14

Reported in : 2000(3)BomCR666; 2000(3)MhLj616

Part of Clause 25 of the Arbitration Agreement reads as under :---'Subject as aforesaid the provisions of the Arbitration Act, 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in … an entirely different purpose. It is contended that if such a clause did not exist, then on the repeal of Arbitration Act, 1940 there would be no clause for Arbitration. By the clause as provided in the … left by his predecessor.'In the petition the petitioners have averred in para 42 as under :---'42. The petitioner say that, the petitioners have not received … the provisions of the old Act. Learned Counsel draws my attention to section 10 of the new Act. Under section 10 of the new Act