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Mp. Rural Road Dev. Authority and anr. Vs. Ms. L.G. Chaudhary Engineer ...

Court : Supreme Court of India

Subject : Constitution

Acts : Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, `M.P. Act') - Section 2(d), 4, 7, 8, 9, 19, 14, 16(2), 17; Arbitration and Conciliation Act, 1996 - Section 7, 9, 11, 2(4), 85; Central Act ; Arbitration Act, 1940 - Section 46, 7, 12, 36, 37, 46; Code of Civil Procedure (CPC) - Section 115; Constitution of India - Article 254

other rule made thereunder. 24. Similar provision relating to statutory arbitration was also there in Section 46 of Arbitration Act, 1940. Section 46 is set out below: 46. Application of Act to statutory arbitration - The provisions of this … question which falls for consideration in this appeal is whether the provision of Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, `M.P. Act') which statutorily provides for the parties to the Works Contract to refer all disputes to

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

Court : Mumbai

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

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

Court : Delhi

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 This Application was also dismissed as withdrawn … the Court for withdrawal of Suit No. 50/95.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 … ORDERS.K. Mahajan, J.1. The Appellant has challenged the Order dated April 23, 1999 passed by a learned Single Judge of this Court whereby further proceedings

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

Court : Kolkata

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 … 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 … 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

Kajaria Traders (India) Ltd. Vs. Foreign Import and Export Association

Court : Mumbai

Subject : Arbitration

Acts : Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2), 69(3) and 69(4); Indian Companies Act, 1913; Indian Arbitration Act, 1940 - Sections 3, 8 and 8(2); Presidency-Towns Insolvency Act, 1909; Provincial Insolvency Act, 1920; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1; Displaced Persons (Debts Adjustment) Act, 1951; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887

Reported in : AIR1961Bom65; (1960)62BOMLR753

present petition as it is a petition filed under the provisions contained in Section 8 of the Indian Arbitration Act, 1940. Both Mr. Justice Mudholkar and Mr. Justice Naik, who heard the matter, agreed that in the circumstances of … the use of sucha word prefacing others of general import. To mymind it is impossible to frame a rule applicableto all the various documents in which such phrases are to be found. **** The word 'bunkering' must … of the provisions contained in Section 69 of the Indian Partnership Act, 1932, the present petition is maintainable and what provisions should be made for

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

Court : Delhi

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 … Code;(43) Applications for better statement of claim or defense;(44) Examine the serving officer on oath, under Order V, Rule 19 of the Code whereas summons is returned under Order V, Rule 17 of the Code and after making

Shiv Lal Vs. Food Corporation of India

Court : Rajasthan

Subject : Arbitration

Acts : Evidence Act, 1872 - Sections 115; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1; Arbitration Act, 1940 - Sections 8, 14(2), 29, 30, 33 and 39; Limitation Act, 1963 - Sections 5 - Schedule - Article 119

Reported in : AIR1997Raj93; 1997(2)WLC203; 1997(1)WLN56

A.S. Godara, J.1. This appeal has been preferred under Section 39(i)(vi) of the Arbitration Act, 1940 (hereinafter referred to as the Act) against the judgment and decree dated 6-5-1988 passed by the learned District … This appeal has been preferred under Section 39(i)(vi) of the Arbitration Act, 1940 (hereinafter referred to as the Act) against the judgment and decree dated … repeatedly that observations in the said judgment were not intended to lay down any such absolute or universal rule as they appear to, on first impression. Until Jena case almost all the Courts in the country had

H.G. Oomor Sait and Another Vs. O. Aslam Sait

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 8, 8(1), 19(1) and 27; Arbitration Act, 1940 - Sections 18 and 34; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 6, Rule 4; Partnership Act, 1932 - Sections 44 and 69; Companies Act, 1956

Reported in : (2001)2MLJ672

less formal, more effective and speedy for resolution of disputes avoiding procedural claptrap and this led them to Arbitration Act, 1940 (Act for Short). However, the way in which the proceedings under the Act are conducted and without an … enquiry before an arbitrator are well known. The nature of the enquiry before an arbitrator is summary and Rules of procedure and evidence are not binding. The Arbitrator need not be even a law-knowing person. That is … the learned subordinate Judge, Ootacamund, in T.A.No.295 of 2000 in O.S.No.243 of 1999. This saidapplication in I.A.No.295 of 2000 was filed by the revision petitioners/defendants

J.C. Budhraja Vs. Chairman, Orissa Mining Corporation Ltd. and anr.

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 18, 30 and 37(3); Orissa Arbitration (Amendment) Act, 1984 - Sections 41A; Limitation Act, 1963 - Sections 18, 18(1) and 20; Limitation Act, 1908 - Sections 19; Code of Civil Procedure (CPC) - Order 22, Rule 3

Reported in : AIR2008SC1363; 2008(1)ARBR238(SC); 2008(3)MhLj33; (2008)8MLJ179(SC); 2008(1)SCALE597; (2008)2SCC444; 2008AIRSCW800; 2008(2)ICC584

Case No.306/80 in regard to the contract in the Court of the Sub-Judge, Bhubaneswar, under Section 8(2) of Arbitration Act, 1940 ('Act' for short) for appointment of an Arbitrator. The court allowed the said petition by order dated 6.10.1980 … Court as Arbitrator by consent. On 16.12.1982, an application was made by the present appellant under Order 22 Rule 3 CPC claiming to be the son of legatee of the contractor and for substituting him in place … Misc. Appeal No. 296/1998 filed by the respondents and Misc. Appeal No. 198/1998 and Civil Revision No. 109/1998 filed by the appellant.2. The appellant is

G.S. Atwal and Co. and ors. Vs. Rajasthan State Mineral Development Co ...

Court : Rajasthan

Subject : Arbitration

Reported in : 1994(1)WLN194

make them as Rule of the Court. The Contractor also filed separate applications Under Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') to make the Awards as Rule of the Court. Objections were filed … the common judgment of the learned District judge, Jaipur City, Jaipur in Civil Miscellaneous (Arbitration) Cases No. 189/1988, 190/1988 and 191/1988, and arise from a contract between the parties. Hence, they can be conveniently disposed of by