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Prime Century City Developments Pvt. Ltd. Vs. Ansal Buildwell Limited

Court : Delhi

Subject : Contract

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 8(1), 8(3) and 9; Companies Act - Sections 433, 434 and 439; Arbitration Act, 1940 - Sections 20, 34, 397 and 398; Code of Civil Procedure (CPC) - Order 37; Statutory Mediatorial Act; Specific Relief Act, 1963 - Sections 14

Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)

could be co-related to the relief of the Company Petition. These observations were made in relation to the Arbitration Act 1940, the provisions of which are far less stringent than those of the Arbitration and Conciliation Act 1996, as … of the Arbitration Act, 1940, as not pressed in view of the repeal of the 1940 Act and coming into force of the 1996 Act … Petition, it has been disclosed that the Respondent had already moved the Civil Court for interim orders under Section 9 of the Arbitration and Conciliation Act, 1996 and for the appointment of an Arbitrator or for settlement of

Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)

Reported in : 2003(1)BomCR330; [2004]119CompCas766(Bom)

in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … Bobde, J.1. Heard Mr. Thakkar, learned senior counsel for the inter-vener. Intervention application is allowed.2. The petition under Section 9 of the Arbitration and Conciliation Act, 1996, is moved by Ganjam Trading Co. Pvt. Ltd, the petitioner abovenamed, … Clauses Act, 1897, which reads as follows :'8 Construction of references to repealed enactments.--(1) Where this Act, or any Central Act or regulation made after

Moradhwaj Vs. Bhudar Das

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 21, 37, 41 and 47; Code of Civil Procedure (CPC) , 1908 - Sections 107 and 141 - Order 21, Rule 2 - Order 23, Rule 3; General Clauses Act, 1897 - Sections 8

Reported in : AIR1955All353

With this aspect of the case we shall deal later.15. Thus, the position before the enactment of the Arbitration Act, 1940 was that reference to arbitration could be made in appeals from decrees passed in suits, while it could … awarding costs, or otherwise as are hereinbefore contained in regard to Courts of original jurisdiction.' This section was repealed by Section 1 of Act 23 of 1861, but Section 37 of that Act provided that:'Unless when otherwise … arises out of Execution Appeal No. 111 of 1944, Second Appeal No. 947 of 1947 arises out of Appeal No. 218 of 1944 and First

M/S Arif Azim Co. Ltd. versus M/S Micromax Informatics Fze

Court : Supreme Court of India

Subject : Arbitration

Reported in : [2024]11S.C.R.1142; (2025) 9 SCC 750

Commercial Arbitration. List of Acts Arbitration and Conciliation Act, 1996; Arbitration (Protocol and Convention) Act, 1937; Geneva Convention, Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; UNCITRAL Model Law and Rules; UAE Arbitration and Conciliation Rules. [2024] … place of arbitration is in India. Provided that subject to an agreement to the contrary the provisions of section 9, 27 and clause (a) of sub-section (1) and sub-section (3) of Section 37 shall also apply to international … of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to

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 … a better position to exercise the discretionary power given by Section 28. 9. His third finding is not a material one, for inadequacy of stamp … 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

National Shipping Company of Saudi Arabia Vs. Sentrans Industries Limi ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 5; Contract Act, 1872 - Sections 218

Reported in : AIR2004Bom136; 2004(1)ALLMR832; 2004(1)ARBLR409(Bom); III(2004)BC503; 2004(2)BomCR1; 2004(2)MhLj696

and in relation to, any proceedings before it.' 4. The Act of 1996 is materially different from the Arbitration Act, 1940 which has been repealed by Section 85 of the Act of 1996. Section 41 of the Arbitration Act, … Lodha, J.1. This appeal raise an issue of some importance. The issue is whether the power exercisable under Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996 by the Court in a matter seeking security in respect of

Nagar Maha Palika Vs. Parasnath Ji Trust

Court : Allahabad

Subject : Arbitration

Reported in : 2008(2)AWC1661

of 1983. The said case had been instituted by Parasnath Ji Trust, opposite party under Section 8 of Arbitration Act, 1940. Arbitration Act, 1940 has been repealed by Arbitration and Conciliation Act, 1996. However, by virtue of Sections 21

Surat Singh Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2 and 34

Reported in : 2003(3)ARBLR606(HP)

a piece of Legislation, which was in substitution and replacement of the earlier law on Arbitration, being the Arbitration Act, 1940. Actually, Section 85 of 1996 Act expressly and specifically repealed the Arbitration Act, 1940 subject to the stipulations … Court of a grade inferior to such principal Civil Court or any Court of Small Causes.'5. As per Section 9 of the Himachal Pradesh Courts Act, 1976, the Court of the District Judge is deemed to be the

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

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 suit. One of the plea taken was that the suit was filed on 6.9.1996, … 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

M/S. Rose Advertising Vs. M/S. Delhi Transport Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 21

Reported in : 2001IIIAD(Delhi)513; 90(2001)DLT834; 2001(2)RLR262

1996, Act. On the date of making of appointment of the arbitrator the Arbitration Act, 1940 already stood repealed. No appointment could have been made by the Chairman-cum-Managing Director by invoking the provisions of Arbitration Act, 1940 … ORDERDevinder Gupta, J.1. Whether the Arbitration Act, 1940 (Act No. 10 of 1940) or the Arbitration and Conciliation Act, 1996 (Act No. 1 of 1996) would … the appellant was again not acceded to, on 16.1.1996 a petition under Section 20 of the Arbitration Act, 1940 was filed by the appellant. Notice … continuance of the agreement. A request was made by the appellant on 9.1.1995 to settle the disputes or to get those settled by appointment of