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Subhash Projects and Marketing Limited Vs. JaIn Farms and Resorts Ltd. ...

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Arbitration and Conciliation Act, 1996 - Sections 7, 8, 16 and 85

Reported in : ILR2003KAR4343

or relating to the said agreement, which cannot be settled amicably by the parties in accordance with the Arbitration Act, 1940. The present suit is with respect to the matters agreed to be resolved by having recourse to arbitration … 1 had agreed to subject themselves to arbitration proceedings has since been repealed and the new Act has come into force. As the old Act … follows:-'This Agreement may be modified, amended or supplemented only by the mutual written agreement of the parties hereto.'11. Section 7 of the New Act defines an 'Arbitration Agreement' to mean an agreement by the parties to submit to

Rashtriya Ispat Nigam Limited and anr. Vs. Verma Transport Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 20, 21 and 34; Arbitration Rules; Code of Civil Procedure (CPC) - Sections 94 and 151 - Order 39, Rules 1 and 2; ;Arbitration and Conciliation Act, 1996 - Sections 2, 7, 8, 8(1), 8(3), 16, 42, 45 and 54; ;Arbitration (Protocol and Convention) Act, 1937 - Sections 3; ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : AIR2006SC2800; 2006(3)ARBLR210(SC); 2006(4)AWC4011(SC); JT2006(7)SC404; 2006(7)SCALE565; (2006)7SCC275; 2006(2)LC1118(SC)

is covered by the arbitration agreement or not.13. Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'. Only in terms … take into consideration that:(1) Section 8 of the 1996 Act cannot be equated with Section 34 of the Arbitration Act, 1940, (for short, 'the 1940 Act) having been made in terms of UNCITRAL Model Rules and having undergone a … proceedings before us and even more than that. As already noted, the arbitration agreement satisfies the requirements of Section 7 of the new Act. The language of Section 8 is peremptory. It is, therefore, obligatory for the Court

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. … crores furnished by the respondent. The appellant filed Special Leave Petition No. 7674 of 1999 before this Court challenging the order passed by the learned

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 … Court has held that Section 2 of the Bombay Act No. XXXVI of 1947 cannot prevail as against Section 7 of the Essential Supplies (Temporary Powers) Act No. XXIV of 1946 as amended by Act No. LII of

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … Act treated this as unreasonable disturbance to the tenant entitling him to compensation, the latter Act of 1914 repealed Section 11. The Court held that in spite of the repeal of Section 11 tenant had acquired right to … before Section 71 of the Electricity (Supply) Act, 1948 was amended, the appellant had issued a notice under Section 7 thereof, exercising the option to purchase the undertaking. It was held that a right to purchase the electrical

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. … conditions required to be fulfilled for 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 the court states as follows:'(v) the … edn., 2004) at p. 68; CRAIES ON STATUTE LAW (S.G.G. Edgar eds., 7th edn., 1971, 1999 Indian Reprint) at pp. 103-107. Only in exceptional situations

Good Value Engineers Vs. M.M.S. Nanda

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 37, 37(1), (2) and (3); Arbitration and Conciliation Act, 1996 - Sections 21, 85, 85(1) and (2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Indian Limitation Act, 1908

Reported in : 2002(61)DRJ573

an answer is as to whether in the facts of the case in hand the provisions of the Arbitration Act, 1940 or the Arbitration and Conciliation Act, 1996 would apply.2. This question arises on basis of the facts that … promulgated the Arbitration and Conciliation Ordinance on 16.1.1996. With effect from 16.1.1996, the Arbitration Act, 1940 had been repealed.3. It is on the strength of these facts that it had been urged in terms that since notice … commenced before coming into force of the Arbitration and Conciliation Act, 1996. 7. Attention of the Court had been drawn towards the agreement between the … this back/drop, one can conveniently refer to the relevant provisions of law.5. Section 21 of the Arbitration and Conciliation Act, 1996, in its stark brevity

Pandavpura Sahakari Sakkare Karkhane vs Sumac International Limited

Court : Karnataka

under the Act 1940.Later by Arbitration and Conciliation Act, 1996 (for short ‘Act 1996’), the Act 1940 was repealed. Section 85 of the Act 1996 which deals with repeal and savings reads as follows: “85. Repeal and savings-(1) … FOR SRI GAURAV G K, ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 39(1) (VI) OF THE ARBITRATION ACT, 1940 READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.02.2019 PASSED IN … 2 1969 (2) SCC 694 3 (1996) 5 SCC 400(2013) 3 SCC 747 AIR 2023 SC 558 - 13 -comply with the principles of natural

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

M/S Shahi and Associates Vs. State of u.p. .

Court : Supreme Court of India

Subject : Arbitration

7­A to the First Schedule of the Arbitration Act, 1940. 5 Since the Arbitration Act, 1940, has been repealed under Section 85 of the Act of 1996, the Schedule to Arbitration Act, 1940 also stands repealed and … submits that the arbitration proceedings were commenced on 27.10.1999 under the Act of 1996 and the provisions of Arbitration Act, 1940 will have no application to the proceedings between the parties. The U.P. Amendment Act was a State amendment