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M/S. Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.
Supreme Court of India
May-04-2001
Arbitration
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)
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 … in this Court.7. In the case of Western Shipbreaking Corporation (C.A. No. 4928 of 1997), arbitration proceedings were held in the United Kingdom prior to … 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
Tag this Judgment! AI Brief & AskAssociated Cement Companies Ltd. Vs. P.N. Sharma and anr.
Supreme Court of India
Dec-09-1964
Labour and Industrial
Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 - Rules 4, 5, 6, 6(1), 6(2), 6(3), 6(4), 6(5), 6(6), 7 and 8; Constitution of India - Articles 136(1), 226 and 227; Factories Act, 1948 - Sections 49 49(1) and 49(2); Municipal Corporations Act, 1882 - Sections 191 and 191(4); ;Eastern Bengal and Assam Excise Act, 1910; Mineral Concessions Rules, 1949 - Rule 54; ;Industrial Disputes Act, 1947 - Sections 10A; Companies Act, 1956 - Sections 111(3); Uttar Pradesh Industrial Disputes Act, 1947; Arbitration Act, 1940
AIR1965SC1595; [1965(11)FLR77]; (1965)ILLJ433SC; [1965]2SCR366
136. It matters little that such a body or authority is vested with trappings of a Court. The Arbitration Act, 1940 vests an arbitrator with some of the trappings of a Court, so also the Industrial Dispute Act, 1947 … of industrial labour employed in factories to which the Act applies. Section 49 deals with the appointment of welfare Officers. Section 49(1) provides that in … appeal by special leave is whether respondent No. 2, the State of Punjab, exercising its appellate jurisdiction under Rule 6(6) of the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 (hereinafter called 'the Rules') is
Tag this Judgment! AI Brief & AskChowgule Brothers and ors. Vs. Rashtriya Chemicals and Fertilizers Ltd ...
Mumbai
Apr-05-2006
ContractLabour and Industrial
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)
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 … or effect of the contract or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the Award made in pursuance thereof shall be binding … 2087.73 Rs. 2669.162. Night Weightage Rs. 47.70 Rs. 47.703. Winch set Rs. 498.70 Rs. 633.334. Night Weightage Rs. 11.76 Rs. 11.76-----------------------Charges for 3 gangs(out of
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Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.
Supreme Court of India
Aug-12-2005
Arbitration
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
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 … refused on the grounds stipulated in Section 48(2) of the Act. Section 49 provides that where the court is satisfied that the foreign award is
Tag this Judgment! AI Brief & AskMilkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.
Supreme Court of India
Apr-05-2004
Arbitration
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
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 … Sections 7 and 8 respectively of the Foreign Awards Act. While Section 49 of the new Act states that where the court is satisfied that
Tag this Judgment! AI Brief & AskRenusagar Power Company Vs. General Electric Company
Mumbai
Oct-12-1989
ContractArbitration
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
1990(1)BomCR561; (1990)92BOMLR70
of invoking the principles of section 35 of the Arbitration Act, 1940. 49. The appellants next placed strong reliance upon the principle laid down in … 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
Tag this Judgment! AI Brief & AskSuperintending Engineer, M.i.D.C. and Others Vs. Rajurkar Brothers
Mumbai
Oct-08-1999
Arbitration
Arbitration Act, 1940 - Sections 20; Limitation Act, 1963 - Sections 18 - Schedule - Articles 137 and 181; Code of Civil Procedure (CPC), 1908 - Sections 115; Maharashtra Industrial Development Act, 1961
2000(2)BomCR635; 1999(3)MhLj893
dispute arose on or about 24-2-1995. Thereafter the present respondent filed an application under section 20 of the Arbitration Act, 1940 in the Court of the 2nd Joint Civil Judge, Senior Division, Aurangabad on 27-6-1996. The said Application is … for Shri S.G. Thombre, learned Counsel for the petitioners and Shri H.M. Karwa, learned Counsel for the respondent.2. Rule, made returnable forthwith with the consent of the learned Counsel for the parties.3. The respondent-plaintiff was registered contractor … the respondent in October, 1977. The demand for final bill of Rs. 49,581-06 Ps. was preferred. The petitioners made certain deductions and paid Rs. 23,306.06
Tag this Judgment! AI Brief & AskM. Venkataratnam and anr. Vs. M. Chelamayya and anr.
Andhra Pradesh
Apr-01-1966
Arbitration
Registration Act, 1908 - Sections 17, 17(1), 17(2) and 49 ; Arbitration Act, 1940 - Sections 14 and 17; Transfer of Property Act, 1882 - Sections 100 and 59; Stamp Act, 1899 - Sections 35
AIR1967AP257
of reference to the Full Bench is:'Whether a private award passed after the curing into force of the Arbitration Act 1940 and which deals with immovable property of a value of more than Rs. 100/- is compulsorily registrable under … be received in evidence as it came under the ban of Section 49 of the Registration Act. According to them, the award which effected partition … independent suit being filed to enforce an award which is not filed under Section 14 and made a rule of the Court. The effect of these sections considered in the light of the general scheme and object
Tag this Judgment! AI Brief & AskAditya Kumar De Chowdhury Vs. Narayandas De Chowdhury
Kolkata
Mar-25-1970
Arbitration
Registration Act, 1908 - Sections 17(1), 25 and 49; ;Arbitration Act - Section 17
AIR1971Cal65,75CWN439
to arbitration without the intervention of a Court made subsequent to the coming into force of the Indian Arbitration Act, 1940, deciding questions of title to the immoveable property worth one hundred rupees and upwards compulsorily regis-trable?2. Can such … registration is not correct and that even if it required registration. Section 49 of the Registration Act does not prevent filing of the Award in … this Court by the plaintiff in the suit, Narayandas De Chowdhury, who was the objector against the Award. Rule issued and it was registered as Civil Revision No. 663 of 1959. By a iudg-ment, a Division Bench
Tag this Judgment! AI Brief & AskMuthavarpu Venkateswara Rao Vs. N. Subbarao
Andhra Pradesh
Feb-08-1984
Arbitration
Arbitration Act, 1940 - Sections 34
AIR1984AP200
in this appeal relates to the power of the Court to grant stay under Section 34 of the Arbitration Act. 1940 in cases involving allegations of fraud or allegations affecting professional reputation.2. The respondent filled the suit D. S. … a right to obtain an adjudication of his allegations in the civil court. He also contended that the rule that prima facie proof of fraud is sufficient for an enquiry by a civil court was not applicable … firm which was a power vested in the civil court under Section 49(g) of the Partnership Act and that therefore the arbitrators could not be
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