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Dr. Anand David Saldanha Vs. Dr. K. Rathnaraj Ballal

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 17, 31(6) and 37; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Partnership Act, 1932 - Sections 53; Arbitration Act, 1940 - Sections 8 and 41

old Arbitration Act are quite different from Section 9 of the present Arbitration Act. Section 4K(b) of the Arbitration Act, 1940, reads as follows:'The Court shall have, for the purpose of, and in relation to, arbitration proceedings, the same … the appellant herein also filed I.A. II under Section 9(d) of the Arbitration Act read with Order 39, Rules 1 and 2 and Section 151, CPC and sought for an ad-interim order of temporary injunction against the … not maintainable. It is submitted by the learned Counsel that under Section 53 of the Partnership Act, when once the partnership is dissolved, neither of

Nbcc (India) Ltd vs.m/s Sharma Enterprises

Court : Delhi

Subject : Arbitration

Pundir, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER1603.2017 % 1. This is an application under Section 14 of the Arbitration Act, 1940 (hereinafter 'the „1940 Act‟) filed by the... Petitioner, NBCC (India) Limited („NBCC‟) praying that this Court should direct … The arbitration clause in the contract between the parties makes it explicit that “Arbitration Act 1940 and the Rules thereunder and any statutory modification thereof shall apply to the arbitration proceedings under this Clause.” In the absence … the basis that the 1940 Act continued to apply. (d) Paras 32, 53, 96 and 140 of the Award dated 28th July 2016 of Justice

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

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 … but the arbitrator had no such power under the Interest Act, 1839. 53. Therefore, it is necessary to look elsewhere power of the arbitrator to … 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

M/S. Rickmers Verwaltung Gmb H Vs. the Indian Oil Corporation Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 33

Reported in : AIR1999SC504; 1999(1)ARBLR1(SC); (1999)1CompLJ13(SC); JT1998(8)SC85; 1999(2)KLT25(SC); (1999)IMLJ62(SC); (1999)121PLR842; 1998(6)SCALE197; (1999)1SCC1; [1998]Supp3SCR42

the Indian Council of Arbitration dated January 3, 1995, filed a petition Under Section 33 of the Indian Arbitration Act, 1940, seeking a declaration from the court that there did not exist any concluded arbitration agreement between the parties … the appellant had filed an application dated June 16, 1994 invoking Clause 53 of the Agreement of Affreightment (AOA) relating to arbitration and that it … appellant, much less any binding agreement of refer any dispute between the parties to arbitration according to the Rules of the Arbitration of the Indian Council of Arbitration. It was asserted that the agreement dated Nov. 11,

Bombay Stock Exchange Vs. Jaya I. Shah and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Interpretation of Securities Contract (Regulation) Act, 1956 - Sections 3, 4, 4(1), 9, 9(2) and 9(3); Interpretation of Securities Contract (Regulation) Rules - Rules 5, 6, 7, 9, 10, 11, 16, 18, 36, 43, 44, 53, 54, 54A, 56, 57, 62 and 70; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Stock Exchange Rules, Bye-Laws and Regulations, 1957 - Rule 170; Arbitration Act, 1940; Arbitration and Conciliation Act, 1996

Reported in : AIR2004SC55; I(2004)BC351(SC); [2003]117CompCas595(SC); (2004)1CompLJ1(SC); (2003)185CTR(SC)36; JT2003(8)SC365; 2003(8)SCALE702; (2004)1SCC160; [2003]47SCL776(SC); 2004(1)U

to a contract, such arbitration is governed by the provisions of the law of the country, namely, the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1998, as the case may be. For the said reasons, only Bye-law … regulations framed by the Exchange. In the event of a default committed by a member, having regard to Rule 53 as also Bye-law 316, he would cease to enjoy any right as such. His right in terms of

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

based on the Model Law adopted by UNCITRAL and also since the Act was intended to replace the Arbitration Act, 1940, Act 26 of 1996 had to deal both with domestic arbitrations as well as international commercial arbitrations. Consequently, … disputes arising from this agreement, its supplements and modifications shall be finally settled by arbitration according to the rules of the International Chamber of Commerce, Paris, then in effect. The arbitration will be held in Paris, France. … Both these chapters begin with a definition section under Sections 44 and 53. Both these chapters confer powers upon the judicial authority, under Sections 45

i.T.C. Ltd. Vs. George Joseph Fernandez and anr.

Court : Kolkata

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Section 34; ;Imports and Exports (Control) Act, 1947 - Section 5; ;Limitation Act, 1963 - Section 14

Reported in : AIR1982Cal440

this Agreement, shall be referred to arbitration in accordance with and subject to the provision of the Indian Arbitration Act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of Arbitration … licence shall also be subject to the conditions mentioned in APP 31 to the ITC Hand Book of Rules and Procedure 1970.'Clauses 4 and 5 are also not relevant for our present purpose. The Code of export … the charter in equal monthly instalments and the rental would be Rs. 53,000 per month from the first month of the year and for subsequent

Dlf Ltd. (formerly Known As Dlf Universal Ltd.) Vs. Koncar Generators ...

Court : Supreme Court of India

Subject : Land Acquisition

award should be applied. The Court reasoned that this Court’s judgment in Forasol (supra) was passed under the Arbitration Act, 1940 and hence, does not apply in the present case. Instead, the High Court referred to the Delhi High … Act, 1940, there is no requirement for a separate decree by a court for making the award a rule of the court.195. Case-law on Relevant Date for Conversion: Now, we will discuss the case-law on the relevant … the statutory scheme for enforcement 33 ibid, paras 47-52. 34 ibid, para 53. 35 ibid, paras 61-62. 21 of foreign arbitral awards in the UK

Swamy Atmananda and ors. Vs. Sri Ramakrishna Tapovanam and ors.

Court : Supreme Court of India

Subject : Trusts and SocietiesCivil

Acts : Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 - Sections 5, 4, 53 and 53A; Code of Civil Procedure (CPC) - Sections 11 - Order 31, Rule 2; Trust Act - Sections 88; Arbitration Act, 1940 - Sections 33; Industrial Disputes Act; Societies Registration Act; Companies Act; Limitation Act

Reported in : AIR2005SC2392; 2005(3)ALT49(SC); 2005(2)ESC272; JT2005(4)SC472; (2005)3MLJ65(SC); (2005)10SCC51; MANU/SC/0287/2005

The said decision is an authority for the proposition as regard the interpretation of Section 33 of the Arbitration Act, 1940. In that case, the Court was concerned with the validity of arbitration clause contained in a contract if … the jurisdiction of the Civil Court stands ousted in terms of Sections 53 and 53A of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 … A.S. No. 288 of 1992 and Second Appeal No. 604 of 1993 constituted res judicata.(ii) In view of Rule 3 of the Rules of Tapovanam the properties belonged to the Appellant Nos. 2 and 3 automatically became