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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 … that the Arbitration Act applies to such arbitrations, by reason of Section 46 of the said Act, the provisions of Section 14(2), being inconsistent with … 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

Rajdhari Devi Vs. Deputy Registrar, Co-operative Societies, U.P., Gora ...

Court : Allahabad

Subject : Trusts and SocietiesArbitration

Acts : Constitution of India - Article 226; Uttar Pradesh Co-operative Societies Rules, 1936 - Rules 115 to 138; Co-operative Societies Act, 1912 - Sections 43; Arbitration Act, 1940 - Sections 30 and 46; Code of Civil Procedure (CPC) , 1908 - Sections 151

Reported in : AIR1963All113

and there was the Arbitration Act which was applicable to particular portions of the country. Then the Indian Arbitration Act, 1940 was enacted which was of universal application. No instance has been brought to my notice in which the … by Lord Goddard. Thisargument, however, appears to overlook the provisions of Section 46 of the Indian Arbitration Actwhich says 'The provisions of this Act except … the 1957 blue print. When the petitioner came to know of this move she made an application under Rule 115 of the Cooperative Societies Rules requesting that the question whether the park could be shifted back from

Savitra Khandu Beradi Vs. Nagar Agricultural Sale and Purchase Co-oper ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Limitation Act, 1908 - Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25; Arbitration Act, 1940 - Sections 6, 6(1), 7, 12, 36, 37 and 46; Bombay Co-operative Societies Act, 1925 - Sections 54 and 54-A; Bombay Co-operative Societies Rules, 1927 - Rule 35; Constitution of India - Article 227; Arbitration Act, 1899; Limitation Act, 1623; Judicature Act, 1873

Reported in : AIR1957Bom178; (1957)59BOMLR425; ILR1958Bom39

which, if made in a Court of law, may be barred by limitation.7. Section 37 of the Indian Arbitration Act, 1940, by its first sub-section provides that 'all the provisions of the Indian Limitation Act, 1908, shall apply to … as proceedings in the nature of suits, appeals and applications. But Section 46 of the Arbitration Act expressly excludes Section 37 in its application to … agreement, except in so far as the Arbitration Act is inconsistent with that other enactment or with any rules made thereunder. Evidently an-arbitration under Section 54 of the Bombay Co-operative Societies Act is a statutory arbitration to

Rajeshwar Mani Tripathi Vs. Sahkari Samiti

Court : Allahabad

Subject : Trusts and SocietiesArbitration

Acts : Limitation Act, 1963 - Sections 2 and 3; Co-operative Societies Act, 1912 - Sections 43(1); Arbitration Act, 1940 - Sections 37 and 46; Uttar Pradesh Co-operative Societies Rules, 1936 - Rule 115

Reported in : AIR1972All543

Act would apply to proceedings under the Indian Arbitration Act. But Section 46 lays down that the provisions of Section 37 would not apply to … this arbitration under the U. P. Cooperative Societies Act is an arbitration to which Section 37 of the Arbitration Act applied. Section 37 of the Arbitration Act lays down that all the provisions of the Indian Limitation Act … referred a decision of the Rangoon High Court, U. Kyaw Tha v. Co-operative Town Bank of Hanzada, AIR 1940 Rang 157 wherein it was held that where the Arbitrator failed to apply the law of limitation, the … by the Arbitrator was null and void on the ground that the rule of limitation was not considered as the loan on the basis of

East India Film Studios Vs. P.K. Mukherjee and ors.

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Order 19, Rule 3; ;Constitution of India - Article 226; ;Defence of India Act, 1939 - Section 19 and 19(1); ;Defence of India Rules - Rule 3; ;Arbitration Act, 1940 - Sections 5 and 46; ;General Clauses Act, 1897 - Section 16

Reported in : AIR1954Cal41,58CWN152

submitted by Mr. Kar that the arbitration being a statutory arbitration, Section 46, Arbitration Act (10 of 1940) applies to the case and as such, … at the time. His argument is that the expression does not cover the subsequent laws such as the Arbitration Act 1940.16. Mr. A.K. Sen, learned counsel appearing for the respondents has, on the other hand, contended that this expression … 7-2-1952 for the hearing of the arbitration case. On 6-2-1952 the petitioner moved this Court and obtained the rule nisi.8. One Mr. P. K. Mukherjee who is the Assistant Secretary, Government of West Bengal, Land & Land

The Stock Exchange, Mumbai Vs. Vinay Bubna and Others

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 33, 40, 41 and 43; Securities Contracts (Regulation) Act, 1956 - Sections 9 and 9(1); Arbitration Act, 1940 - Sections 7, 11, 12, 20, 28, 36, 37, 39 and 46; Bombay Cotton Contracts Act - Sections 4, 5 and 6

Reported in : AIR1999Bom266; 1999(3)ALLMR442; 1999(2)BomCR597; [2001]103CompCas584(Bom); 1999(3)MhLj810

Exchange that section 2(4) of the Arbitration Act, 1996, is in part materia with section 46 of the Arbitration Act, 1940. A number of decisions rendered by this Court have held that the bye-laws of the Exchange fall within … of effectively deciding the issue whether section 10 of the Arbitration Act is attracted to arbitrations under the rules bye-laws and regulations framed by the Exchange. The appellant Exchange was accordingly impleaded in the petition as any

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Section 9, 36, 37, 49, 50, 16, 17, 46, 47 and 48, 19, 41; Income Tax Act, 1961 - Section 156; Code Of Civil Procedure 1908 - Section 47, 104 (1), 115, 2(2), 104, 47 rw Order 21; Arbitration Act, 1940 - Section 49, 39; Maharashtra Act 17 of 1986 - Section 3; Presidency Towns Insolvency Act, 1909 - Section 9(2); SICA Act - Section 22; Specific Relief Act, 1877 - Section 9

Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court, Bombay, Code of Civil Procedure, 1908, and Arbitration Act 1940 (the 1940 Act). A. PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … of Part II Awards necessarily involves recourse to the Court under Sections 46, 47 and 48 of the Act and is a justiciable issue. (f) … 2009 in Execution Application No. 161 of 2009 for satisfaction being recorded on the decree under Order 21 Rule 2(1) of the payment of Rs.87.50 crores (the second instalment) to Sahara on 30 March 2009 and Rs.50/-

Nityananda Sahu Vs. Postmaster General and ors.

Court : Orissa

Subject : CivilArbitration

Acts : Telegraph Act, 1885 - Sections 7B and 7B(1); Arbitration Act, 1940 - Sections 46; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1977Ori48; 42(1976)CLT1049

of authorities. In the case of Harnam Singh v. Man Singh, AIR 1961 Punj 133, applicability of the Arbitration Act, 1940, to arbitration under the Central Co-operative Societies Act of 1912 was being considered. On the strength of Section … the Act and, therefore, there is no force in Mr. Mohanty's contention.Section 46 of the Arbitration Act provides:--'The provisions of this Act, except Sub-section (1) … the subscriber. The defendants pointed out that the plaintiff never gave the undertaking as required under the departmental rules and restoration of connection was not possible as a spare cable was not available in the area where

Compagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 28, 33 and 47; Foreign Awards (Recognition and Enforcement) Act, 1961 - Schedule - Articles 1 and 5; Indian Arbitration (Amendment) Act, 1941

Reported in : ILR1970Delhi927

Arbitration Act, 1940 apply.(15) Section 47 of the Arbitration Act, 1940 reads asfollows: 'SUBJECTto the provisions of section 46 andsave in so far as is otherwise provided by any lawfor the time being in force, the provisions … for the suspension of the award till it was filedand made a rule of the Court under the Arbitration Act,1940. According to the petitioner's allegations, thepresent award becomes enforceable under the French law, in accordance with Article V(l)(e)

Managing Director, Apsrtc and anr. Vs. A. Annaiah

Court : Andhra Pradesh

Subject : ArbitrationConstitution

Acts : Arbitration Act, 1940 - Sections 17, 20 and 39; Arbitration and Conciliation Act, 1996 - Sections 21, 36, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Constitution of India - Article 227

Reported in : 2010(1)ALT37

No. 9 of 1994 in the Court of the Additional District Judge, Hindupur, under Section 20 of the Arbitration Act, 1940 to direct the Corporation to file the agreement dated 31.8.1991 into Court and make an order of reference … lying in the Current Account of the Corporation in the State Bank of India, Hindupur, under Order 21 Rule 46 of C.P.C. for realisation of the E.P. amount.5. Having entertained the said Execution Petition, the learned Senior Civil