Advanced Search Results

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 … petition. The respondent also filed O.M.P No. 203 of 1998 under Section 48 of the Arbitration and Conciliation Act, 1996 (for short the 'Act'). The … enforced under Act in terms of Section 85 read with Section 21 of the Act; this Court has rules in Thyssen Stahlunion GMBH vs. Steel Authority of India Ltd. : AIR1999SC3923 : AIR1999SC3923 that a foreign award

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44 and 48(1); International Cricket Council Rules; Constitution of India - Article 141

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

contended by Shri Dave that law of arbitration in India was earlier substantially contained in three enactments, viz., Arbitration Act, 1940, Arbitration (Protocol and Convention) Act, 1937 and the Foreign Act. The Legislature in its wisdom has made 1996 … 34 of the 1996 Act. In other words, he submits that Section 48 and more particularly Section 48(1)(e) read with other substantive provisions makes it … domestic award and/or an award under Part I of the Act, although made in Geneva under the I.C.C. Rules. The law declared by this Hon'ble Court in N.T.P.C. and Singer clearly supports the present petition. Recently, the

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 2(2), 2(7), 3, 8(1), 8(2), 10, 11, 12, 17, 20, 20(1), 20(4), 30, 32, 33, 34, 37, 37(3), 37(5), 39, 39(2) and 48; Constitution of India - Article 136; Arbitration and Conciliation Act, 1996 - Sections 3, 8, 17, 21, 22, 23(3), 24(1), 25, 26, 29, 31, 43, 43(1), 43(2), 47, 48, 49, 85, 85(1) and 85(2); ;Limitation Act, 1980 - Sections 34(3); Limitation Act, 1908; Limitation Act, 1963 - Sections 14; UNCITRAL Arbitration Rules - Article 3; Arbitration (Protocol) and Convention Act, 1937; General Clauses Act - Sections 6; Interest Act, 1978

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

S.B. SINHA, J : Interpretation of certain provisions of the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996 (for short '1940 Act' and '1996 Act' respectively) is in question … to have commenced under circumstances not contemplated by the sub-section. Too much stress also cannot be laid on Rule 3 of the First Schedule of the 1940 Act in interpreting Sub-Section (3) of Section 37 of the … definition of foreign award is the same in both the enactments. Sections 48 and 47 of the new Act correspond to Sections 7 and 8

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 … Awards necessarily involves recourse to the Court under Sections 46, 47 and 48 of the Act and is a justiciable issue. (f) An order permitting … 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/-

Naval Gent Maritime Limited Vs. Shivnath Rai HarnaraIn (i) Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 44, 46, 47, 48, 48(1), 48(2), 48(3) and 66; Arbitration Act, 1940 - Sections 17; Registration Act - Sections 17(1) and 17(2); Foreign Awards Act; Indian Stamp Act; Code of Civil Procedure (CPC) - Sections 44A

Reported in : 174(2009)DLT391

scrutiny of law. Section 66 of Arbitration Act of England is in the nature of Section 17 of Arbitration Act, 1940 (old Indian Arbitration Act) where the Court makes a domestic award as a Rule of Law. Under Section … to file response to the Execution Petition of the petitioner however, despite repeated opportunities no application under Section 48 of the Arbitration & Conciliation Act, 1996 was filed nor the response was filed to the Execution Petition.

Dr. Ramesh C. Vaish and ors. Vs. Banwarilal Jaipuria and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 47, 96 and 104; ;Arbitration Act, 1940 - Sections 2 and 30

Reported in : 2000(1)ARBLR241(Cal)

jurisdiction under Section 34 of the Specific Relief Act and no such power having been conferred under the Arbitration Act, 1940, the arbitrator cannot make any declaratory award and, thus, award made by arbitrator should be treated to be … Mr. Ghosh, the learned Counsel appearing on behalf of the respondent Nos. 48 and 49, inter alia, submitted that a bare perusal of the firstschedule … ground that the same being not a registered one was illegal and, thus, could not be made a rule of Court. In the said objection misconduct on the part of the Arbitrator had also been alleged. By

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M. … the High Court, indeed S.77 of the Act provides that the High Court can if it likes make rules in the matter. Obviously after the appeal had reached the High Court it has to be determined according … of Hurrish Chunder Chowdry v. Kali Sundari Debia, ILR (1882) 9 Cal. 482 ( PC). But the decision of the Privy Council, rather than settling

Maruti Real Estate Pvt. Ltd. and anr. Vs. Life Insurance Corporation o ...

Court : Kolkata

Subject : Company

Acts : Government of India Act, 1915 - Section 108; ;Government of India Act, 1935 - Section 223; ;Constitution of India - Articles 12, 225 and 226; ;Limitation Act - Section 5; ;Arbitration and Conciliation Act, 1996; ;Arbitration Act, 1940; ;Public Premises (Eviction of Unauthorised Occupants) Act, 1971; ;West Bengal Electricity Regulatory Commission Act; ;Specific Relief Act - Section 41; ;Writ Rules - Rules 48 and 53; ;Original Side Rules; ;Appellate Side Rules; ;Code of Civil Procedure (CPC) , 1908 - Sections 4(1), 107, 114, 151, 152 and 153 - Order 47, Rules 1 and 5; ;Indian Penal Code (IPC) - Sections 120B, 468 and 471; ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Section 141

Reported in : 2008(1)CHN442

Act, 1996 and in such process, compared the scheme under the said Act with those contained in the Arbitration Act, 1940. We fail to appreciate the reason for citing the said decision in the written notes of argument on … the rules framed by this Court, viz., Original Side Rules and Appellate Side Rules as would appear from Rule 48 itself. The Appellate Side Rules and the Original Side Rules make provision as regard procedure to be followed

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … the view that Section 45 does not require a final determinative finding by the Court. First, under the Rules of Arbitration of the International Chamber of Commerce (as in force with effect from 1.1.1998), as in the … no need to take recourse to the judicial intercession available under Section 48(1)(a) of the Act.14. The finding of the court that the arbitration agreement

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

Code, no further appeal would be maintainable.62. We may notice that Sub-section (2) of Section 39 of the Arbitration Act, 1940 does not contain any non-obstante clause. The said provision does not refer to the Letters Patent of the … concerned with the provisions of appeal specially conferred under Sections 47 and 48 of the Guardians and Wards Act. Such provisions providing for appeal under … Section 104 of the Code, an appeal against an order passed by the Appellate Court under Order XVIII Rule 1 read with Section 104 of the Code, was not maintainable. A certificate of fitness, however, in terms