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Bimla Rani Gupta Vs. S.R. Sachdeva

Court : Delhi

Subject : TenancyArbitration

Acts : Arbitration Act, 1940 - Sections 34; Arbitration and Conciliation Act, 1996 - Sections 8

Reported in : 2000IIIAD(Delhi)637; 84(2000)DLT171; 2000(53)DRJ388

as on the, date of the application, the Arbitration Act, 1940 stood repealed by Arbitration & Conciliation Act, 1996. The learned counsel submitted that the … was presented in March, 1996. The respondent filed an application, purporting to be under Section 34 of the Arbitration Act, 1940, stating that there was a Rent Agreement between the petitioner and the respondent on the 3rd of November, … submitted that considering the point to be correct, the application filed by the respondent could be treated under Section 8 of the Arbitration and Conciliation Act, 1996. The learned counsel submitted that the rulings relied upon by the

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)

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 … whether the subject-matter of the dispute 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 Section 34 of the repealed 1940 Act employs the expression 'steps in the proceedings'.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 of Section 21 of the 1940

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 … interfering with the wind-mills. After filing of the said suit, the first defendant has filed I.A.No. IV under Section 8 of the Arbitration and Conciliation Act, 1996, with a request to stay all further proceedings in the suit

Wimco Ltd. and anr. Vs. Vikram Singh

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 85(2); Arbitration Act, 1940 - Sections 8 and 20

Reported in : 2002(1)AWC735

142 of 1996 was filed by the respondent against the revisionists under Sections 8 and 20 of the Arbitration Act, 1940. The revisionists contested the suit. One of the plea taken was that the suit was filed on 6.9.1996, … Arbitration and Conciliation Act, 1996, has been enforced from 25.1.1996 and the Indian Arbitration Act, 1940, has been repealed. Therefore, the suit is not maintainable and is liable to be dismissed. On this plea, issue No. 5 … 142 of 1996 was filed by the respondent against the revisionists under Sections 8 and 20 of the Arbitration Act, 1940. The revisionists contested the

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

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. … be so construed as If the words 'under the Code' actually occurred therein, and Section 20, Arbitration Act, repealed and re-enacted paragraph 17 of the Second schedule, Sec. 8 of the General Clauses Act applied and reference

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. … dated 13.8.1996 could not be enforced under Act in terms of Section 85 read with Section 21 of the Act; this Court has rules in

The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special … questions forming the subject-matter of the reference if the same had been the subject-matter of a suit....13. In Section 8 (2) it is provided that if the appointment is not made within fifteen clear days after the service

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special … questions forming the subject-matter of the reference if the same had been the subject-matter of a suit....13. In Section 8 (2) it is provided that if the appointment is not made within fifteen clear days after the service

Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 37, 85(1) and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3 and 13; General Clauses Act, 1897 - Sections 8 and 8(1); Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Constitution of India; Arbitration and Conciliation Ordinance, 1996; Bombay High Court (Original Side) Rules, 1980 - Rule 28

Reported in : 2008(6)BomCR540

in the said Act would therefore disclose that any award which is not passed or declared under the Arbitration Act, 1940 if challenged by way of petition or appeal with an intention to get it set aside or modified, … 8 of the General Clauses Act reads thus:8. Construction of references to repealed enactments.- (1) Where this Act or any Central Act or Regulation made … Khandeparkar and Dr. D.Y. Chandrachud, JJ.) reported in 2007(2) Bom.C.R. 835 but may require re-consideration as provisions of Section 8 of the General Clauses Act were not brought to its notice and also because the issue of Court

Oil and Natural Gas Corpn. Ltd. Vs. Jindal Drilling and Industries Ltd ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 36, 37(1) and 85; Bombay Court-fees Act, 1959 - Schedule - Articles 1, 3 and 13; Bombay General Clauses Act, 1897 - Sections 8, 8(1) and 9; Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Sections 149; United Nations Commission on International Trade Law Conciliation Rules, 1980

Reported in : 2008(6)BomCR546

3 of the Schedule I of the B.C.F. Act excludes from its applicability the award passed under the Arbitration Act, 1940, hereinafter called as 'the Old Act', and further that after enactment of the New Act, which came into … in any other enactment or in any instrument to the provisions so repealed shall, unless a different intention appears, be construed as references to the … v. Govardhani Constructions Company), reported in 2007(2) Bom.C.R. 835 .5. The appellants, on the other hand, referring to Section 8 of the General Clauses Act, 1897 contended that Schedule I, Article 3 of the B.C.F. Act clearly exempts