Advanced Search Results

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view … Constitution making a prayer to the Court to declare that the provisions of the 1983 Adhiniyam were impliedly repealed by the 1996 Act and to declare the provisions of the 1983 Adhiniyam to the extent irreconcilable with … Tribunal constituted under the 1983 Adhiniyam, the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 … of the Conditions of Contract provides that any claim valued at Rs. 50,000/- or more will be considered by the Superintending Engineer (for short 'the

Padmavathi Constructions Vs. Andhra Pradesh Industrial Infrastructure ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Ordinance, 1996 - Sections 1(3), 8, 13, 34, 42 85 and 86; Arbitration and Conciliation Act, 1996 - Sections 11; Constitution of India - Articles 123 and 226; Arbitration Act, 1940 - Sections 2, 30, 33 and 42; The Arbitration (Protocol and Convention) Act, 1937; The Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1999(5)ALD609

on 23-1-1998 before the 5th respondent and the same was filed under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter called 'the Act') to set aside the Award dated 27-10-1997 passed by the Arbitral Tribunal of Sri … of the Ordinance as well as the Act replacing the said Ordinance, the provisions of the Act are repealed and therefore the provisions of the said Act have no application. The learned Counsel also contended that Section … 1 to 4 filed OP No.161 of 1998 on 23-1-1998 before the 5th respondent and the same was filed under Sections 30 and 33 of

Birat Chandra Dagara Vs. Steel Authority of India Limited Through Gene ...

Court : Orissa

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 10 and 11; Arbitration Act, 1940 - Sections 8 and 17

Reported in : 2003(2)ARBLR276(Orissa); 95(2003)CLT396

The further claim is that in view of the fact that the Arbitration Act of 1940 had been repealed and the new enactment has come into force with effect from 22.8.1996, all pending cases come under the … case the dispute could not be resolved, the same should be referred to arbitration in accordance with the Arbitration Act, 1940 and the rules made thereunder. Complaining that he had invoked the arbitration clause in the agreement and the … 1. The question arising for consideration in all these applications made under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996 being the … could not do so since he suffered from illness from 16.7.1997 to 5.5.2000, from 6.5.2000 to 30.7.2000 and from 1.3.2000 to 13.9.2000. It was therefore

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. … that the order of the learned Single Judge was appealable under Section 50(1)(b) of the Act. In this view, the appellant filed FAO (OS) No.

M/s Icds Ltd Vs. Sr Bhaskaran Pillai

Court : Karnataka

Subject : Arbitration

proceedings cannot have the application of any provision of old Act or 1940 and the old Act was repealed and the Hire Purchase Agreement in the real sense is the agreement entered into as per the provisions … void contract and the same is not capable of being in force in view of the repeal of Arbitration Act, 1940?.2. Whether the plaintiffs prove that there was no dispute capable of being referred for arbitration and as such … and also the grounds urged in the said arbitration suit filed under Section 34 of the Arbitration and Conciliation Act, 1996 and also on the … the Arbitrator had no jurisdiction to decide the dispute between the parties?. 5 2. Whether the plaintiffs prove that the Arbitral Tribunal has completely ignored

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 … avoidable intervention by judicial authorities.12. The absence in Part II of the Act of a provision corresponding to Section 5 in Part I has been highlighted as supportive of the view that greater judicial intervention is contemplated in

Patel Purshottamdas Motilal Vs. Patel Chhotabhai Motibhai

Court : Gujarat

Subject : ArbitrationLimitation

Reported in : (1979)1GLR918

and, therefore, that arbitration failed. Thereafter Suit No. 38 of 1974 was filed under Section 20 of the Arbitration Act, 1940, for direction that arbitration agreement be filed in Court. It was decreed. Thereafter disputes were referred to the … Section 5 of the Limitation Act, 1963 is materially different from its repealed counterpart. It provides as follows:Any appeal or any application, other than an … application to set aside the award was barred by time. The first aspect of this contention is whether Section 5 of the Limitation Act is applicable to an application for setting aside an award made under Arbitration Act,

Rajan Kumar Verma and anr. Vs. Sachchidanand Singh

Court : Patna

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 8, 85 and 85(2); Arbitration Act, 1940 - Sections 3 and 32 to 36; United Nations Commission on International Trade Law

and the Developer, they would solve the said problem by appointment of an Arbitrator under the provisions of Arbitration Act, 1940 (hereinafter referred to as 'the Act of 1940' for the sake of brevity). Hence he averred that if … for the plaintiff-opposite party has submitted that, the Act of 1940 was repealed by Section 85 of the Act of 1996 and according to the … dated 17-12-2004 passed in the aforesaid suit, by which learned Subordinate Judge-VIII, Patna rejected their petition filed under Section 5 read with Section 8 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996

Mohd. Usman Military Contractor, Jhansi Vs. Union of India (Uoi), Mini ...

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8 and 20; Arbitration Act, 1899; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8(1)

Reported in : AIR1969SC474; 1969(17)BLJR385; [1969]2SCR232

: Article 181 should be construed as if the words 'under the Code' were added in it. The Arbitration Act, 1940 repealed paragraph 17 of the second schedule to the Code and re-enacted it in Section 20 with minor modifications. … examine this contention.6. Section 8(1) of the General Clauses Act corresponds to the Interpretation Act, 1889 (52 & 53 vict. c. 63) and runs as follows : 'Where this Act, or any Central Act or Regulation made

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Subject : Company

Acts : Securities Contract and Regulations Act, 1956 - Sections 2 and 4; Companies Act, 1956 - Sections 2(1), 2(7), 2(10), 3, 4(5), 4(6) and 397; Industrial Disputes Act; Companies Act, 1913 - Sections 153C; Companies Act - Sections 55A; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 1994 - Sections 6, 9(1) and 9(2); Securities and Exchange Board of India Act, 1992 - Sections 1(1), 4, 11(B), 20 and 24; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Sections 10, 11(1) and 12; T.N. Electricity (Taxation on Consumption) Act, 1962 - Sections 12 and 13; Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 - Sections 20 and 20(1); Indian Succession Act, 1865; General Cla

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

or petition or memorandum of appeal filed in civil or revenue Court challenging any award made under the Arbitration Act, 1940.Thus, the provisions of Article 3 of Schedule 1 do not apply when an application is filed or appeal … arise. 21. It may be mentioned that these Regulations have now been repealed by S.E.B.I. and new Regulations have been notified on 20th February, 1997. … issued under the provisions so reenacted and when any Central Act or Regulation, which, by a notification under Section 5 or 5A of the Scheduled Districts Act, 1874 (14 of 1874) or any like law, has been extended