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Nani Bala Saha W/O Narayan Chandra Saha Vs. Ram Gopal Saha and anr., M ...

Court : Kolkata

Subject : Arbitration

Reported in : AIR1945Cal19

to be set aside on the ground of non-registration alone,' and (v) that in view of Section 19, Arbitration Act, 1940, the reference itself was liable to be superseded. 8. On these findings he not only refused to file … by applying under Schedule 2, Civil P. C, which had then been repealed--she misled the opposite parties and the Court. In these circumstances she cannot … 17(1) (b), Registration Act, as it has dealt with title to immovable property worth more than Rs. 100.11. Section 49(c), Registration Act, prevents the applicant Nani Bala from adducing it in evidence in support of her application for

Manji Ramji Vs. H.M. Mehta and Co.

Court : Mumbai

Subject : Arbitration

Reported in : AIR1943Bom463; (1943)45BOMLR940

do not think it necessary to decide this point.8. In my view, on the true construction of the Arbitration Act, 1940, it has no operation in respect of an award made before the Act came into force. It seems … this Act shall, notwithstanding any repeal effected by this Act, continue to apply.The old Act was repealed by Section 49 and the Third Schedule. The argument of the appellant is that a reference, which has resulted in an

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1839 - Sections 1; Code of Civil Procedure (CPC), 1908

Reported in : AIR1967Bom347; (1966)68BOMLR586

has not been superseded or repealed by the Arbitration Act. In this behalf he invited me attention to Section 49 of the Arbitration Act and the Third and Fourth schedules to the said Act before Section 49 itself … been raised in this notice of motion is as to whether the Court under Section 29 of the Arbitration Act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the

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. … an explanation as to what is meant by court in that section. Section 48 corresponds to section 7; section 49 to section 6(1) and section 50 to section 6(2). Apart from the fact that the provisions are arranged

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … invoking Section 3 of the Foreign Awards Act, which incidentally has been repealed by the Act. What is of relevance is proposition No. 5, which … enforcement of the award may also be refused on the grounds stipulated in Section 48(2) of the Act. Section 49 provides that where the court is satisfied that the foreign award is enforceable under Chapter I, the award

Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 20, 39, 39(1) and 49; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC)

Reported in : AIR1965All269

amend Article 181 of the Limitation Act. That clearly shows a different intention.17. The admitted position is that Section 49, Arbitration Act, repealed the Second Schedule to the C. P. C. It also amended and substituted Artcles 158 … set aside and the application under Sections 8 and 20 of the Arbitration Act De dismissed.5. Section 8, Arbitration Act, 1940, provides for the appointment of an arbitrator by the court under the diverse contingencies mentioned in that section.

Aditya Kumar De Chowdhury Vs. Narayandas De Chowdhury

Court : Kolkata

Subject : Arbitration

Acts : Registration Act, 1908 - Sections 17(1), 25 and 49; ;Arbitration Act - Section 17

Reported in : AIR1971Cal65,75CWN439

to arbitration without the intervention of a Court made subsequent to the coming into force of the Indian Arbitration Act, 1940, deciding questions of title to the immoveable property worth one hundred rupees and upwards compulsorily regis-trable?2. Can such … learned Subordinate Judge that this Award required registration is not correct and that even if it required registration. Section 49 of the Registration Act does not prevent filing of the Award in Court for passing (decree?) thereon under … purpose of obtaining a decree thereon, has not been shaken by the repeal of Schedule II of the Code of Civil Procedure and the enactment

Sardool Singh Vs. Hari Singh and ors.

Court : Punjab and Haryana

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 16, 17 and 32; Registration Act

Reported in : AIR1968P& H204

be seen whether an award,without the intervention of the Court, madesubsequent to the coming into force of theIndian Arbitration Act, 1940 deciding questions of title to immovable property worthone hundred rupees and upwards is com-pulsorlly registrable. We have, therefore,to … purpose of obtaining a decree thereon has not been shaken by the repeal of schedule 2, Civil Procedure Code, and the enactment of the Arbitration … the Act itself, but this, in the view of their Lordships did not mean that the provisions of Section 49 of the Registration Act had been abrogated, as it was further held that an award made without the

indurthi Srinivasa Rao Vs. Indurthi Venkata Narasimha Rao and anr.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 , 32, 33 and 39(1); Stamp Act, 1899 - Sections 17 and 35; Evidence Act; Registration Act, 1908 - Sections 17(1), 17(2) and 49; ;Code of Civil Procedure (CPC) , 1908 - Sections 115; Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10 and 17(2)

Reported in : AIR1963AP193

of award - Section 115 of Code of Civil Procedure, 1908, Sections 14, 17 and 30 (c) of Arbitration Act, 1940 and Sections 17 and 35 of Stamp Act, 1899 - arbitrator not entitled to rewrite award on stamp … purpose of obtaining a decree thereon has not been shaken by the repeal ot Schedule 2, Civil Procedure Code, and the enactment of the Arbitration … C. J., [as he then was) held at page 23 as follows:--'A combined reading of Section 17(1)(b) and Section 49, Registration Act clearly shows that an unregistered parti-tion deed or an award cannot affect any imrnoveable property comprised

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 … commencement of arbitral proceedings under Section 21 is the only thing to 49 be looked at in both parts. Thus, according to the learned senior