Advanced Search Results

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

D. ARBITRATION ACT, 1940 (a) Section 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code.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 said Act applied only to the … 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 … of Part II Awards necessarily involves recourse to the Court under Sections 46, 47 and 48 of the Act and is a justiciable issue. (f)

Rudolf A. Oetkar Vs. Mohammed Orri

Court : Kolkata

Subject : LimitationArbitration

Acts : Limitation Act, 1963 - Section 3 - Schedule - Articles 113, 119 and 137; ;Arbitration Act, 1940 - Sections 37 and 46; ;Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2005(1)CHN495

the period of limitation for each type of proceedings. Article 119 which refers to an award made under Arbitration Act, 1940, thus, cannot by any stretch of imagination be extended to a foreign award.16. The new Limitation Act is … the Code of Civil Procedure and the Indian Arbitration Act, 1899, were repealed and an Act dealing with all arbitrations was enacted, and it was … generis with the article preceding thereto. Reliance placed by Mr. Banerjee to the provision of Section 37 and Section 46 of the Arbitration Act is misplaced. By reading the said provisions, no conclusion can be arrived at to

indramoni Mohapatra Vs. Nilamoni Moharana

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3; Contract Act, 1872 - Sections 23; Specific Relief Act, 1877 - Sections 21

Reported in : AIR1950Ori169

in either the Civil Procedure Code or Act IX [9] of 1899. With the enactment of the Indian Arbitration Act, 1940, Section 21 so for as is material to arbitration contracts baa been fully recast and in its present … consolidating and amending law, all other laws on the subject having been repealed. This Act except in respect of a few points brings the law … Act is inconsistent with that other enactment or with any rales made thereunder.' 'Subject to the provisions of Section 46, and save in so far as is otherwise provided by any law for the time being in force,

Moolchand Exports (P)ltd., (In Liquidation), Rep. by Official Liquidat ...

Court : Chennai

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement Act), 1973; The Arbitration (Protocol and Convention) Act, 1937 - Sections 85, 85(1) and 85(2); The Arbitration Act, 1940; The Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 6 and 7; Arbitration and Conciliation Act, 1996 - Sections 46, 47, 48, 49 and 86; The Arbitration and Conciliation (Third) Ordinance, 1996

Reported in : 2004(3)ARBLR564(Madras); [2006]131CompCas194(Mad); 2004(4)CTC690; (2004)4MLJ182

Conciliation Act, which reads as follows:-'Section 85(1):- The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and the Foreign Awards (Recognition and Enforcement) Act, 1961 (45 of 1961) are hereby repealed.Section … of this Act.' 4. The first respondent filed an application to enforce the award dated 15.11.1995 invoking Sections 46, 47, 48 and 49 of the Arbitration and Conciliation Ordinance, 1996 in O.P.No.333 of 1996. This Court by

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. … arbitral before the word award in section 44). Section 45 corresponds to section 3 of the previous Act. Section 46 is a verbatim reproduction of section 4(2) except for the substitution of the word chapter for Act .

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

with these contentions as Section 47 of the Arbitration Act, 1940 provides that subject to the provision of Section 46 and save in so far as is provided by any law for the time being in force, the … the commercial contract in question, the suit by the suppliers was not competent as Section 32 of the Arbitration Act, 1940 provides that no suit would li; on any ground whatsoever for a decision upon the existence, effect or … of the Indian Companies Act I of 1956, (before that section was repealed in 1960) an Indian Company may agree to refer differences, between itself

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Companies Act, 1956 - Sections 389 and 494; Arbitration Act, 1940 - Sections 34, 46 and 47; Arbitration (Protocol and Convention) Act, 1937 - Sections 3

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

suit pursuant to s. 3 of the Arbitration (Protocol and Convention) Act, 1937, and/or s. 34 of the Arbitration Act, 1940 and/or s. 151 of the Code of Civil Procedure, 1908 and/or the inherent powers of the High Court'; … act. Section 389 of the Indian Companies Act, 1956 (before it was repealed by Act 65 of 1960) read as follows :- '(1) A company … with any rules made thereunder. By s. 47 it was provided that : 'Subject to the provisions of section 46, and save in so far as is otherwise provided by any law for the time being in force,

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

arbitration agreement. He submitted that Sub-section (4) of Section 2 of the 1996 Act is pari materia with Section 46 of the Arbitration Act, 1940, and it will be clear from the marginal title of Section 46 of … 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 … 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

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), … in the field. That Act of 1940 was a Central law. Both the Acts operated in view of Section 46 of the 1940 Act. The M.P. Act, 1983 was reserved for the assent of the President and admittedly … 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

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 … only where there is no arbitration 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. Facts in connection with the Va