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Jakson Engineers Pvt. Ltd. Vs. Delhi Development Authority and ors.

Court : Delhi

Subject : Property

Acts : Arbitration Act, 1940 - Sections 20 and 38; Indian Contract Act, 1872 - Sections 51 and 52; Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; Specific Relief Act, 1963 - Sections 19; Limitation Act - Schedule - Article 54

Reported in : 2003VIIIAD(Delhi)461; 2004(1)CTLJ185(Del); 107(2003)DLT272

in force.10. The petitioner made a further representation and thereafter filed a petition under Section 20 of the Arbitration Act, 1940 before the Delhi High Court being Suit No. 312A/1989. The petition/suit filed by the petitioner was allowed vide … In this behalf, learned counsel has referred to the provisions of Section 51 of The Indian Contract Act, 1872 ( hereinafter to be referred to … the Government of India, Ministry of Urban Development vide office letter of DDA dated 17.07.1987 since the Nazul Rules did not permit DDA to accept delayed payment in case of auction plots and further action would be

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 30, 32, 33 and 41; West Bengal Municipal Act, 1932; West Bengal Municipal Act, 1993 - Sections 204, 214 and 440; T. and C. Development Planning Act, 1979; West Bengal Land Reform Act; Contract Act - Sections 23, 56, 65 and 70; Consumer Protection Act, 1986 - Sections 14; Code of Civil Procedure (CPC) - Sections 10 and 151; Arbitration and Concilation Act, 1996 - Sections 17

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

An arbitrator in a situation of this nature had no jurisdiction to pass the interim order under the Arbitration Act, 1940 in absence of any specific agreement in relation thereto. The learned arbitrator by an interim order could not … enforceable in law. The award of an arbitrator whether interim or final are capable of being made a rule of court, decree prepared and drawn up in terms thereof and put to execution.49. It is well-settled that … Contract' by H.W.R. Wade published in Law Quarterly Review Volume 56 page 519, it is stated:'Two points emerge from the argument so far: (I) There

Bharti Televentures Ltd. Vs. Dss Enterprises Private Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 2(7), 5, 8, 8(1), 8(2), 9, 11, 16, 17, 28, 33, 34, 37, 44, 45, 48, 51, 53, 54, 59, 64, 70, 75 and 81; Arbitration Act, 1940 - Sections 14 and 34; Foreign Awards (Recognition and Enforcement) Act 1961 - Sections 9; Foreign Awards Act; Limitation Act; Factories Act; Bombay Shops and Establishments Act, 1948 - Sections 70; Delhi Rent Control Act - Sections 25B; Contract Act - Sections 230; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 2, Rule 2 - Order 39; Constitution of India - Articles 21, 51 and 141; International Cricket Council Rules - Rules 72 and 100; International Cricket Council Regulations

Reported in : 2005(2)ARBLR561(Delhi); 123(2005)DLT532

observations. It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … apply to an arbitration which takes place outside India there would be no necessity to specify that the rules are to apply 'where the place of arbitration is situate in India'. It has been held in the … to make good his submission Mr. Chandhiok has drawn attention to Section 51 of the Arb. & Con. Act which only incorporates Section 9(a) of

South Indian Co-operative Insurance Society Ltd., Madras Vs. V. Bapi R ...

Court : Chennai

Subject : Trusts and Societies

Acts : Madras Co-operative Societies Act, 1932 - Sections 51 and 51(1); Code of Civil Procedure (CPC) , 1908; Arbitration Act, 1940 - Sections 34, 39, 39(2) and 46

Reported in : AIR1955Mad694

Court setting aside an order of the City Civil Court under the provisions of Section 39 of the Arbitration Act, 1940, is barred by reason of Sub-section 2 of the section, though a contrary view was taken by the … not touch the business of the society, Within the meaning of Section 51 of the Act, and furthermore, that as there were complicated questions of … we understand that there is in existence such a penal of empowered persons -- or subject to such rules as may be prescribed, refer it for disposal to an arbitrator or arbitrators.In any event it is only

SerajuddIn and Co. Vs. Michael Golodetz and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 107 and 151; ;Arbitration Act, 1940 - Sections 1, 14, 16, 31 and 34; ;Indian Arbitration (Protocol) Act, 1937

Reported in : AIR1960Cal47,63CWN717

than its Indian counterpart under the Government of India Act, 1935, which was in force when the Indian Arbitration Act, 1940, was passed. 18. On the question of exercise of discretion, Mr. Das relied very strongly on the observations … dispute arising out of the contract is to be settled by arbitration in New York according to the rules of the American Arbitration Association.' 6. For reasons, which it is not necessary to state or determine for … briefly examine that question and express our own views on the same. 51. We are free to confess that this question is not altogether free

Satpal P. Malhotra and Others Vs. Puneet Malhotra and Others

Court : Mumbai

Subject : Land Acquisition

Two questions arise for decision in these appeals: firstly, whether in an appeal under Section 39 of the Arbitration Act, 1940, a respondent has a right to file cross objection and, if so, whether the cross objection must be … this challan the same have to be referred for decision to Bharat Merchants Chamber or Arbitration under the Rules of the said Chamber Membership No. 600." Additionally Clause 4 reads as under: "That acceptance of this bill/invoice … award its dissolution. [See:Phoenix v. Pope and Ors., (1974) 1 All E.R. 512]. Power of the arbitrator will primarily depend upon the arbitration clause and

Gas Authority of India Ltd. Vs. Spie Capag, S.A. and Others

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 17, 32, 33, 34 and 202 - Schedule - Articles 1(2), 2, 3, 4, 5(1), 6, 7(1), 8(1), 9, 9.1 and 9.2, 10, 11, 12, 13(3), 14, 15 and 16 ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 1, 2, 3, 4, 5, 6, 7(1), 8, 9, 10 and 11; Companies Act, 1956; Foreign Arbitral Awards, 1927; Code of Civil Procedure (CPC), 1908; Arbitration Protocol and Convention Act, 1937; Arbitration (Amendment) Act, 1975

Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131

right to levy liquidated damages, Pursuant to this communication, GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as … Convention each high contracting State was required to recognise as binding and to enforce, in accordance with the rules of the procedure of its territory, arbitration award made in another contracting State pursuant to an agreement covered … 2 laid down the procedure for accession by States to this Convention. 51. Article X makes provision for the application of the Convention by a

Gobinda Lal Daga and anr. Vs. State of West Bengal and anr.

Court : Kolkata

Subject : ArbitrationProperty

Acts : Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 8(1) and 25; ;Defence of India Act, 1962 - Sections 29 and 30; ;Defence of India (Requisitioning and Acquisition of Immovable Property) Rules, 1962 - Rules 12 and 13; ;Arbitration Act - Section 14(2)

Reported in : AIR1977Cal182,81CWN474

petitioners requested the Arbitrator to file his award in Court under the provision of Section 14(2) of the Arbitration Act, 1940. On his failure to do so, the petitioners on April 16, 1975 filed an application before the District … under Section 29 (2) of the Defence of India Act, 1962 (Act 51 of 1962) on 30th September, 1965 for setting up a fire station … the Court had no jurisdiction to entertain, consider or dispose of such application. The petitioner have obtained this Rule against the aforesaid order. 2. Mr. Bhabra, learned advocate appearing for the petitioners, submitted that the learned Judge

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. Jaideep Kar, the learned Counsel appearing on behalf of the respondents 51, 52, 53, 56, 57, 59, 61, 62, 63, 64, 66 and 67 … 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

Rushab Ship International Llc Vs. the Bunkers Onboard the Ship M.V. Af ...

Court : Mumbai

Subject : Land Acquisition

the hearing and determination of the claim, before the Court had granted the stay of proceedings under the Arbitration Act, the plaintiff has obtained security by the arrest of ship. If the stay is granted, the Court may … (1940) 66 LI.L. Rep. 139; and The Fehmarn [1957] 1 Lloyd's Rep. 511: [1957] 1 W.L.R. 815 : [1957] 2 Lloyd's Rep 551 : [1958]1 … arrest of the Defendant No.1. 4. While obtaining the ex-parte order of arrest, the plaintiff, as required under Rule 941 of the Bombay High Court (Original Side) Rules, had filed an undertaking in the form of an