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Apr 18 2001

Cref Finance Limited Vs. Puri Construction Ltd. and ors.

Court : Delhi

Decided on : Apr-18-2001

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16(2), 17 and 37(2); Orissa Sales Tax Rules, 1947 - Rule 49(1); Indian Limitation Act, 1908 - Schedule - Article 182; Benami Transaction (Prohibition) Act, 1988 - Sections 4(1); Arbitration Act, 1940 - Sections 39(1 and 2); Code of Civil Procedure (CPC), 1908 - Sections 100, 104, 106(2) - Order 43, Rule 1; India Act, 1915; Delhi High Court Act, 1966 - Sections 10(1); Delhi Rent Control Act, 1958 - Sections 39 and 43

Reported in : AIR2001Delhi414; 2001(60)DRJ85

portals of any Court.12. At this juncture it would proper to take note of Section 39(1),(2) of the Arbitration Act, 1940 (in short, the Old Act).Section 39(2) of the Old Act expressly prohibited a second appeal from the order … has also been placed on State of Orissa vs Krishna Stores : [1997]1SCR436 , wherein with reference to Rule 49(1) of Orissa Sales Tax Rules, 1947, it was held that rejection or dismissal of an appeal summarily … of the appellant was that order of the Arbitrator is under Section 16(2) of the Act and consequently an appeal against the said order is

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Mar 13 2000

Pradeep Anand Vs. I.T.C. Ltd. and ors.

Court : Delhi

Decided on : Mar-13-2000

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 and 33; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : 2000IIIAD(Delhi)965

the meantime, the ITC had also filed an Application being OMP No. 16/95 under Section 33 of the Arbitration Act 1940 for determination of the existence and validity of the Cooperation Agreement. This Application was also dismissed as withdrawn … the Court for withdrawal of Suit No. 50/95. It was stated in the Application that in terms of Rule 8.3 of the ICC Rules of Conciliation and Arbitration should one of the parties raise one or more

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Mar 20 1996

Burn Standard Company Ltd. Vs. Mc Dermott International Inc. and Other ...

Court : Kolkata

Decided on : Mar-20-1996

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 5, 6, 10, 11, 12, 12(2), 30, 33 and 41;; Arbitration (Amendment) Act, 1950 - Section 12(6);; Foreign Exchange Regulation Act, 1973 - Section - 28(1);; International Chamber of Commerce Rules - Article 8(5);; Specific Relief Act, 1963 - Sections 20 and 20(1) and (2);; Constitution of India - Article 136

Reported in : AIR1997Cal45,(1997)2CALLT95(HC)

ORDER1. This is an application under Sections 5 and 12 of the Arbitration Act, 1940 inter alia for (1) leave to revoke the authority of the arbitrators and appointment of arbitrators in their … also provides that the conduct of arbitrator including fees for the same will be governed by the ICC, rules.3. The petitioner challenged the validity of the said agreement in this Court on the ground that the same … of the judgment the Supreme Court observed as follows (paras 15 and 16):--'Before we part, we, are constrained to observe that we were pained at

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Apr 05 2006

Chowgule Brothers and ors. Vs. Rashtriya Chemicals and Fertilizers Ltd ...

Court : Mumbai

Decided on : Apr-05-2006

Subject : ContractLabour and Industrial

Acts : Arbitration Act, 1940 - Sections 8, 10(2), 30, 37(1) and 37(3); Limitation Act, 1908 - Sections 5; Electricity (Supply) Act, 1948 - Sections 49; ICA Rules - Rules 5, 5(1), 7, 16, 16(2), 22, 24 and 87(5)

Reported in : 2006(3)ALLMR423; 2006(3)ARBLR457(Bom); 2006(4)BomCR78

Appeal against the order of the learned Single Judge allowing the Respondent's Petition under Section 30 of the Arbitration Act, 1940 setting aside the majority award made by Respondent Nos.2 and 3. 2. Respondent Nos.2 and 3 awarded a … that where parties have agreed for arbitration by the ICA, the same or any amendment thereon, shall apply. Rule 16 provides that any party wishing to commence arbitration proceedings under the rules, shall submit to the Registrar of

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Oct 25 2007

JaIn Studios Limited Vs. Maitry Exports Pvt. Ltd.

Court : Delhi

Decided on : Oct-25-2007

Subject : Arbitration

Acts : Code of Criminal Procedure (CrPC) - Sections 115; Arbitration and Conciliation Act, 1996 - Sections 9, 16, 16(2), 16(3), 16(5), 16(6), 17, 31(5), 34, 36, 37 and 37(2); Arbitration Act, 1940; Partnership Act - Sections 69; British Arbitration Act

Reported in : I(2008)BC640

to the Supreme Court.7. The said Act came into force in 1996 in supersession of the earlier Indian Arbitration Act, 1940 and one of the objects of the same was to make the arbitral proceedings more expeditious and to … decided on merits, the decision is one of a category under Section 16 of the said Act and the remedy of the petitioner would only … stage.5. On the other hand, the submission of learned Counsel for the respondent is that the arbitrator having ruled that the matter has to be decided on merits, the decision is one of a category under Section

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Jan 25 1968

Dinshaw Manekji Petit Vs. G.B. Badkas and ors.

Court : Mumbai

Decided on : Jan-25-1968

Subject : Arbitration

Acts : Defence of India Act, 1939 - Sections 19 and 19(1); Arbitration Act, 1940 - Sections 14, 14(2), 17 and 46; Government of India Act, 1935 - Sections 299(2); Constitution of India - Article 226; Defence of India Rules - Rules 9 and 13

Reported in : AIR1969Bom151; (1968)70BOMLR632

1. This is an application under Section 14(2) of the Arbitration Act, 1940, for an order directing the first Respondent, who was appointed an arbitrator under S. 19 of the Defence … said Act, the provisions of Section 14(2), being inconsistent with the provisions of the said Section 19 and rules made thereunder, will not apply to an award made under the said Section 19. Mr. Thakker, the learned … The trustees thereafter filed a suit in this Court, being suit No. 1669 of 1945, against the Dominion of India and the then province of

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Nov 08 2006

Syko Bag Industries, Proprietor, Mr. T.K. Yahoo and Mrs. K. Zubaida Vs ...

Court : Karnataka

Decided on : Nov-08-2006

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 5, 14(1), 19, 28, 34, 35, 36, 37(1) and 37(2); Consumer Protection Act, 1986 - Sections 12, 13, 18 and 22; Arbitration Act, 1940 - Sections 39, 39(1) and 41; Hyderabad Jagirdar Debt Settlement Act - Sections 47 to 49; Karnataka Civil Courts Act, 1964 - Sections 14; Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 16, 41, 96, 100 and 115 - Order 1, Rule 8 - Order 41, Rules 22, 22(1) and 22(4); Consumer Protection Rules - Rule 14; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 26 and 195

Reported in : 2007(4)ARBLR452(Kar); ILR2007KAR2673; 2007(5)KarLJ229

similar question arose in MFA10961/06 to contend that the Apex Court has dealt with similar provisions under the Arbitration Act, 1940 in the case of Shyam Sunder Agarwal v. Union of India reported in : [1996]1SCR245 the relevant portion … examined the various provisions of Section Sections 12, 13, 18, 22 of the Consumer Protection Act, 1986 and Rule 14 of the 'Rules of 1987, the Apex Court, at para-7 after referring to Sections 193 and 228 … inter alia contending that the learned District Judge has wrongly applied Section 16(c) of CPC ignoring the relevant fact, of dispute between the parties involved

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Jun 23 1954

L. Ganga Ram Vs. L. Radha Kishan

Court : Punjab and Haryana

Decided on : Jun-23-1954

Subject : ArbitrationConstitution

Acts : Arbitration Act, 1940 - Sections 14, 14(1), 14(2), 17, 38 and 44; Arbitration Rules - Rules 3 and 10; ;Limitation Act, 1908 - Schedule - Articles 120 and 178

Reported in : AIR1955P& H145

During the pendency of Regular Second Appeal No. 122 of 1948 Radha Kishan made application under Section 17, Arbitration Act, 1940, hereinafter referred to as the Act, for decree in accordance with the award, Exhibit P. 2. In resisting … the validity of the award were within time. In the result, the Sub-Judge has made the award the rule of the Court ordering Ganga Ram respondent to pay the costs of the proceedings.6. From the order passed … for setting aside the ex parte order which was set aside on 16-6-1953 by Khosla J. The matter was then placed before Harnam Singh J.

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Oct 12 1989

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Decided on : Oct-12-1989

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … under which he has held a foreign award dated 16th September, 1986 made in Paris under the arbitration rules of the International Chamber of Commerce as enforceable under the Foreign Awards (Recognition and Enforcement) Act, 1961. He … of this Court under which he has held a foreign award dated 16th September, 1986 made in Paris under the arbitration rules of the International

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Jan 16 2006

Akash Gupta Vs. Frankfinn Institute of Air Hostess Training and anr.

Court : Delhi

Decided on : Jan-16-2006

Subject : Civil

Acts : Delhi High Court Act, 1966 - Sections 7 and 10; Code of Civil Procedure (CPC) - Sections 52, 73, 104, 122 and 129 - Order 5, Rules 17, 19, 19A and 30 - Order 6, Rule 5 - Order 7, Rule 17 - Order 13, Rule 9 - Order 16 - Order 21, Rules 7, 11(3), 14, 17, 24, 25, 34, 50(2), 66 and 67 - Order 22 - Order 27, Rule 7 - Order 30, Rules 1 and 2 - Order 33, Rule 9 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 37 and 39; Arbitration and Conciliation Act, 1996 - Sections 11(6); Delhi High Court (Original Side) Rules, 1967 - Rules 3, 4 and 19

Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31

the case of the East India Hotel Ltd. and Vidyawati Construction Company (Supra) all relate to cases under Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996. Both these Arbitration Acts are comprehensive enactments relating to Arbitration and also … proceedings against them for failure to comply therewith as provided in Order 16 of the Code;(30) Applications for extension of time under Order XXVII, Rule … the following questions of law to be answered by a larger bench:-1. Whether an appeal would lie under Rule 4 of the Rules against any order made by the Registrar under Rule 3 on an application/matter against

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