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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 … 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

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

enormous expenses and long time spent, Government was desirous to have a second look to the provision of Arbitration Act, 1940 with a view to see whether the enormous delay occurring in arbitration proceedings and disproportionate costs incurred therein … the specific needs of international commercial arbitration practice. The UNCITRAL also adopted in 1980 a set of Conciliation Rules. The General Assembly of the United Nations has recommended the use of these Rules in cases where the … AIR 1976 MP 126; Anandilal Poddar v. Keshavdeo Poddar AIR 1949 Cal, 549; S.B. Garware and Ors. v. D.V. Garware AIR 1939 Bom. 296; Dagdusa

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 … terms of contract which was ex facie unsustainable being wholly inconsistent. Clause 54 of the contract could be invoked only when the first respondent committed … 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

Jaimal Shah Vs. Ila Pandya

Court : Mumbai

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 21, Rules 11(2), 43 and 54; Arbitration Act, 1940 - Sections 17 and 30; Industrial Disputes Act, 1947 - Sections 2

Reported in : 2001(1)ARBLR618(Bom); 2001(2)BomCR72; (2001)2BOMLR67; 2001(2)MhLj297

about 22nd September, 1995. It further appears that the petitioner obtained a decree under section 17 of the Arbitration Act, 1940 in terms of the award in Arbitration Petition No. 274 of 1998. By an order dated 22nd March. … movable and immovable properties of the judgment debtor as provided under Order XXI Rule 43 and Order XXI Rule 54 of the Code of Civil Procedure, 1908. The petitioners have also sought for warrant and proclamation of sale

Associated Cement Companies Ltd. Vs. P.N. Sharma and anr.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : 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

Reported in : 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 India & Others : [1960]2SCR775 , this Court held that in exercising its power of review under rule 54 of the Mineral Concessions Rules, 1949, the Central Government acted judicially and not administratively. In consequence, the decision

S.N. Mukherjee Vs. Union of Inida

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 32, 33, 136, 226, 227; Army Act, 1950 - Sections 52, 63, 108, 128 to 152, 153, 162, 164 and 165; Army Rules, 1954 - Rules 37 to 105 and 147; Federal Administrative Procedure Act, 1946 - Sections 8; Tribunals and Enquiries Act, 1958 - Sections 12; Statutory Powers Procedure Act, 1971; Commonwealth Administrative Decisions (Judicial Review) Act, 1977 - Sections 13; Commonwealth Administrative Appeals Tribunal Act, 1975 - Sections 28 and 37; Companies Act, 1956 - Sections 111 (3); Mineral Concession Rules, 1960 - Rules 54 and 55; Arbitration Act, 1940; Tribunals and Enquiries (Amendment) Act, 1971; Statutory Powers Procedure (Amendment) Act, 1980; Mines and Minerals (Regulations and Development) Act, 1957 - Sections 30; Uttar Pradesh Sugar Dealers' L

Reported in : AIR1990SC1984; 1990CriLJ2148a; JT1990(3)SC630; (1990)4SCC594; [1990]Supp1SCR44; 1991(1)SLJ1(SC); (1990)3UPLBEC2093

Constitution Bench of this Court was considering the question whether it is obligatory for an arbitrator under the Arbitration Act, 1940 to give reasons for the award. It was argued that the requirement of giving reasons for the decision … of the Court Martial. This Court observed that no other section of the Act or any of the rules made therein had been brought to its notice from which necessary implication can be drawn that such a … Re Yarmouth Housing Ltd. And Rent Review Commission [1983] 139 DLR (3d) 544, In the Province of Ontario the Statutory Powers Procedure Act, 1971 was

M/S Arif Azim Co. Ltd. versus M/S Micromax Informatics Fze

Court : Supreme Court of India

Subject : Arbitration

Reported in : [2024]11S.C.R.1142; (2025) 9 SCC 750

Commercial Arbitration. List of Acts Arbitration and Conciliation Act, 1996; Arbitration (Protocol and Convention) Act, 1937; Geneva Convention, Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; UNCITRAL Model Law and Rules; UAE Arbitration and Conciliation Rules. [2024] … Principle - The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract - Even if the law governing the contract has … the form of two emails forming its integral part (Pages 37 to 54) would negate the contra plea of the respondents as to the jurisdiction

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 4, 4(1), 31, 34, 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 104A and 141 - Order 9 - Order 16 - Order 18 - Order 21 - Order 43, Rule 1; Code of Civil Procedure (CPC) , 1877 - Sections 588; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1859; Code of Civil Procedure (CPC) , 1882 - Sections 588, 638 and 652; Motor Vehicles Act, 1988 - Sections 140, 173 and 173(2); Workmen's Compensation Act, 1923 - Sections 4A, 12(2), 19, 23, 27 and 30; Land Acquisition Act, 1894 - Sections 54; Government of India Act, 1915 - Sections 71, 72, 107 and 108; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Arbitration Act, 1940 - Sections 39,

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

and above, the one under which, the original proceedings, arise. For instance, the Central Excise Act and the Arbitration Act, 1940 prescribe the procedure governing the original proceedings, the manner in which it can be taken to High Court … of appeal against the judgment rendered by a Single Bench under Section 54 of the Land Acquisition Act, 1894. The Bench held that a Letters … of the Letters Patent, 1865, empowered the High Court of Judicature at Fort William in Bengal to make rules and orders for the purpose of regulating all proceedings in civil cases brought before the said High Court.

Pandavpura Sahakari Sakkare Karkhane vs Sumac International Limited

Court : Karnataka

FOR SRI GAURAV G K, ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 39(1) (VI) OF THE ARBITRATION ACT, 1940 READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.02.2019 PASSED IN … 1 to 47 Volume - 12 Evidence of Respondent Page 1 to 54 Award by Mr.Justice P P Bopanna Page 1 to 463Volume - 13 … shall apply in relation to arbitral proceedings which commenced on or after this Act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant

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 … as also Bye-law 316, he would cease to enjoy any right as such. His right in terms of Rule 54 lapses and vests in the Exchange immediately upon a declaration that he has become a defaulter. His right