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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

Chamber of Commerce . The Arbitration and Conciliation Act, 1996 that has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961, … arising in this batch of cases, though not under the 1996 Act but under the provisions of the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. … of which the parties have made matter agreed to be referred to arbitration an agreement referred to in section 44, in such agreement, any party to such shall, at the request of one of the parties legal proceedings

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

in force in India . Now the Arbitration Act 1940 has been repealed. In the present case also, the 'proper law' is the laws in … contended by Shri Dave that law of arbitration in India was earlier substantially contained in three enactments, viz., Arbitration Act, 1940, Arbitration (Protocol and Convention) Act, 1937 and the Foreign Act. The Legislature in its wisdom has made 1996 … Foreign Act is something which cannot be brushed aside. He contends that Section 9(b) of Foreign Act and Section 44 of 1996 Act read with Article 1(1) of 1958 Convention deal with totally different aspect. Section 9(b) treated

Lmj International Limited Vs. Swiss Singapore Overseas Enterprises Pte ...

Court : Kolkata

Subject : Education

intervention. Prior to enactment of the 1996 Act, there were two statutes one dealing with domestic arbitration namely Arbitration Act, 1940 and the other dealing with foreign awards, i.e., the Foreign Awards (Recognition and Enforcement) Act, 1961 (in short … referred, shall make an order staying the proceedings.” The 1961 Act was repealed by Section 85 of the 1996 Act. However, the 1996 Act does … an action in a matter in respect of which the parties have made an agreement referred to in Section 44, shall, at the request of one of the parties or any person claiming through or under him, refer

Bhakti Hari Nayak and ors. Vs. Vidyawati Gupta, S.C. Agarwala (Huf) an ... Overruled

Court : Kolkata

Subject : Civil

Acts : Arbitration and Conciliation Act - Section 8; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(16), 26, 26(2), 99 and 129 - Order 4, Rules 1, 2 and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9 and 11 - Order 9, Rule 5 - Order 14, Rule 3 - Order 47, Rule 5 - Order 49, Rule 3; ;Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 26, 32, 32(1) and 32(2); ;Government of India Act, 1915 - Section 71 and 72; ;Arbitration Act, 1940 - Sections 37 and 39(1); ;Land Acquisition Act - Section 54; ;Calcutta Improvement Trust Act - Section 71; ;Indian Penal Code (IPC) - Section 21; ;Criminal Law (Amendment) Act, 1958; ;Punjab Alienation of Land Act; ;Prevention of Corruption Act, 1947; ;Anti Corruption Laws (Amendment) Act, 1964; ;Calcutta High Court Original Side Rules - Rule 1; ;P

Reported in : AIR2005Cal145,2005(2)CHN575

the cases specified, from one Judge to another Judge, was expressly granted.37. But, under Section 39(1) of the Arbitration Act, 1940, an appeal lies only from the orders specified in that sub-section and from no other order. Thus the … the Code or its amendment made by a competent legislative body.35. Clause 44 of the Letters Patent reinforces this interpretation and the said clause is … amendment or provisions is consistent with the provisions of the principal Act as amended by this Act, stand repealed.'24. It is clear from the aforesaid provision that in case of any inconsistency between any amendment or provision

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)

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. … 'This petition has been preferred by the petitioner, M/s Uni Bros under Section 14 & 17 read with Section 27 of Arbitration Act, 1940 against … 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 of the Apex Court in Thyssen … old Act which would apply for enforcing the award as well. ........ 44. Parties can agree to the applicability of the new Act even before

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 … was used in Section 85 of 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 proceedings. He reiterated that in the … accrued rights. Section 6 applies unless a contrary intention appears in the 44 enactment in question. The plain language of Section 26 would make it

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 … the Seventh Schedule and Article 253 of the Constitution of India. We 44 will also have to examine the scope of clause (2) of Article

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 44 to observe that reference to a Sole Arbitrator as contemplated under part

Commissioner of Police Vs. David Grant Eaton and Another

Court : Australia High Court

Subject : Education

At that time the statute in force dealing with industrial matters in New South Wales was the Industrial Arbitration Act 1940 (NSW). The reference in s 117(1) to the Industrial Arbitration Act 1940 not being "affected by anything in … Act dealt exhaustively with the dismissal of police officers and therefore impliedly repealed the earlier Industrial and Employee Relations Act 1994 (SA). The legislation in … "(1) The [IR Act] is not affected by anything in this Act. (2) Subsection (1) does not limit section 44 or 89 or any provision of the [IR Act]." This is a very difficult section. The parties agreed