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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

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AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code.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 … Court has considered the provision of Section 9 of the Specific Relief Act, 1877 which was pari materia Section 6 of the Specific Relief Act. The Calcutta High Court took the view that the term "suit" includes execution

Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Subject : PropertyArbitration

Acts : Partnership Act - Sections 44; Arbitration Act, 1940 - Sections 8, 20 and 34; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1) and 8(3)

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

M/s Parasnath Builders Pvt. Ltd. as well as Smt. Kalpana Kothari filed applications under Section 34 of the Arbitration Act, 1940, in the Trial Court, relying upon the arbitration clauses contained in the Partnership Deed dated 31.1.87 and the … they do no press their applications under Section 34 of the Arbitration Act, 1940, in view of the repeal of the 1940 Act and for their dismissal as not pressed and consequently, the same was allowed on … into as the stock of the Firm and valuing the same at 61% the respective shares was credited into the Capital Account of the Firm

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 … 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 … irrespective of the fact when the arbitral proceedings commenced in a foreign jurisdiction. Since no right has accrued Section 6 of the General Clauses Act would not apply.40. In the very nature of the provision of the Foreign

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 … 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 … manifests an intention to destroy them.' The Court held that it cannot subscribe to the broad preposition that Section 6 of the General Clauses Act is ruled out when there is repeal of an enactment followed by fresh

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 … she had adopted--that is to say, 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 turn round and say that the … filed by the arbitrators in the Court of the Sub-divisional Magistrate on 6th June 1941. On 31st July 1941, Nani Bala, the widow of Narayan

Maria Cristina De Souza Sodder and ors. Vs. Amria Zurana Pereira Pinto ...

Court : Supreme Court of India

Subject : Civil

Acts : General Clauses Act, 1867 - Sections 6; Limitation Act, 1963 - Sections 29(2) - Schedule - Article 116; Arbitration Act, 1940; General Clauses (Amendment) Act, 1897 - Sections 6; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1979SC1352; (1979)1SCC92; 1978(10)LC718(SC)

and Diu, (c) the Parliament also enacted the Goa, Daman and Diu (extention of the CPC 1908 and Arbitration Act, 1940) Act, 1965 (Act XXX of 1965) where-under the provisions of the Indian CPC 1908 were extended to the … from June 15, 1966,with the corresponding provisions of the Portugues Code being repealed & (d) the Legislative Assembly of Goa, Daman a id Diu enacted … Section 4 of the Central Act XXX of 1965 which substantially correspond to Clauses (c) and (e) of Section 6 of the General Clauses Act, 1867. This position has also been settled by the decisions of the Privy

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Subject : BankingCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 24(1), 26, 26(2) and 27; Securities and Exchange Board of India (Amendment) Act, 2002; Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940; Goa, Daman and Diu Civil Court Act, 1965 - Sections 4 and 22; General Clauses Act, 1897 - Sections 6 and 6(3); Criminal Law (Amendment) Act, 1952 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 115, 374(2), 374(3), 397, 397(1) and 468; Code of Criminal Procedure (CrPC) , 1882 - Sections 31 and 439; Constitution of India - Article 227

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

governed by the provisions of the Goa, Daman and Diu (Extension of Code of Civil Procedure, 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) read with the provisions of the Goa, Daman and Diu Civil … Daman and Diu and the corresponding provisions of the Portuguese Code were repealed while under the Goa Act XVI of 1965 the instant suit which … Section 4 of the Central Act XXX of 1965 which substantially correspond to Clauses (c) and (e) of Section 6 of the General Clauses Act, 1897. This position has also been settled by the decisions of the Privy

Rajeev Maheshwari and ors. Vs. Indu Kochar and ors.

Court : Kolkata

Subject : Arbitration

the Arbitration Act, 1940 being available to the Maheshwaris for staying the arbitration. The Arbitration Act, 1940 stood repealed in the year 2010. The suit filed after the repeal of the Arbitration Act, 1940 cannot form the … in 1992. In 1995 the heirs of Mohan Lal Kochar filed an application under Section 20 of the Arbitration Act, 1940 against the heirs of Maheshwari to refer certain disputes to arbitration. (5) Prior to his death, Mohan Lal … No.195 of 2010 to arbitration. By a judgment and order dated May 6, 2011, Sanjib Banerjee, J. allowed the said application and referred the disputes

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 … 1997. This review came to be rejected on the ground that since:- 6 “the parties have participated in the case, cost have been deposited and

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 … 1997. This review came to be rejected on the ground that since:- 6 “the parties have participated in the case, cost have been deposited and