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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 … for the fabrication of steel towers etc. and the allegation in paragraph 43 that "in the event of the first defendant not being able to

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 … for the fabrication of steel towers etc. and the allegation in paragraph 43 that 'in the event of the first defendant not being able to

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 … 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 … 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

Mp. Rural Road Dev. Authority and anr. Vs. Ms. L.G. Chaudhary Engineer ...

Court : Supreme Court of India

Subject : Constitution

Acts : Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, `M.P. Act') - Section 2(d), 4, 7, 8, 9, 19, 14, 16(2), 17; Arbitration and Conciliation Act, 1996 - Section 7, 9, 11, 2(4), 85; Central Act ; Arbitration Act, 1940 - Section 46, 7, 12, 36, 37, 46; Code of Civil Procedure (CPC) - Section 115; Constitution of India - Article 254

other rule made thereunder. 24. Similar provision relating to statutory arbitration was also there in Section 46 of Arbitration Act, 1940. Section 46 is set out below: 46. Application of Act to statutory arbitration - The provisions of this … clause and this Court further held that the M.P. Act stands impliedly repealed by the A.C. Act 1996 where there is an arbitration clause. 15. … A.C. Act 1996, it will appear that Part-I of A.C. Act 1996, which is from Section 2 to Section 43, shall, except sub-section 1 of Sections 40, 41 and 43, apply to every arbitration under any other enactment

M/S. Lanco Kondapalli Power Limited, Hyderabad Vs. Andhra Pradesh Powe ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

of Hon’ble Supreme Court in Milkfood case. The Hon’ble Supreme Court in the decision observed that under the Arbitration Act, 1940, the arbitration proceedings commenced on the date on which a request for appointment of arbitrator was made. The … issued on 8.9.2003 i.e. within 2 years and 6 months after the cause of action arose. As per Section 43 (2) of the 1996 Act, Arbitration shall be deemed to have commenced on the date referred to in … which has no jurisdiction. Moreover, the AP Electricity Reform Act is not repealed u/s 185 of the said Act even if the cause of action

Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited

Court : Delhi

Subject : Arbitration

would not be applicable to the present case as that judgment was based on the provisions of the Arbitration Act, 1940 and the Foreign Awards Act, 1961 both of which have been repealed. It is further urged that Section … calculate the rupee equivalent of the awarded amount. Reference may be had to the relevant portion of paras 43 and 53 of the judgment of the Supreme Court in the case of Forasol vs. Oil and Natural

State of Orissa Represented Through the Secretary Vs. Durga Charan Rou ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant

Durga Charan Routray Vs. Secretary, Water Resources Department, Govern ...

Court : Orissa

Subject : Arbitration

and in such manner the Arbitration Tribunal came to be constituted as “persona designata”. for adjudicating disputes. The Arbitration Act, 1940 (in short ‘the Act, 1940’), subsequently came to be repealed by the Arbitration and Conciliation Act, 1996 and … ORISSA : CUTTACK ARBA No.30 of 2004 & 33 of 2005 In the matter of an apeal under Section 37(i)(b) of the Arbitration and Conciliation Act, 1996. -------------In ARBA No.30 of 2004 Durga Charan Routray …… Appellant

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

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 2(2), 2(7), 3, 8(1), 8(2), 10, 11, 12, 17, 20, 20(1), 20(4), 30, 32, 33, 34, 37, 37(3), 37(5), 39, 39(2) and 48; Constitution of India - Article 136; Arbitration and Conciliation Act, 1996 - Sections 3, 8, 17, 21, 22, 23(3), 24(1), 25, 26, 29, 31, 43, 43(1), 43(2), 47, 48, 49, 85, 85(1) and 85(2); ;Limitation Act, 1980 - Sections 34(3); Limitation Act, 1908; Limitation Act, 1963 - Sections 14; UNCITRAL Arbitration Rules - Article 3; Arbitration (Protocol) and Convention Act, 1937; General Clauses Act - Sections 6; Interest Act, 1978

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

S.B. SINHA, J : Interpretation of certain provisions of the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996 (for short '1940 Act' and '1996 Act' respectively) is in question … Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed. (2) Notwithstanding such repeal, - (a) the provisions of the said enactments … for the purpose of applicability of the provisions of the Indian Limitation Act is of great significance. Even Section 43(1) of the 1996 Act provides that the Limitation Act, 1963 shall apply to the arbitration as it applies