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Rajasthan State Mines and Minerals Ltd. Vs. Eastern Engineering Enterp ...

Court : Rajasthan

Subject : Arbitration

Reported in : 1992(2)WLC19; 1991WLN(UC)402

N.K. Jain, J.1. This miscellaneous appeal is directed Under Section 39(vi) of the Arbitration Act, 1940 against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made … against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made rule of the court.2. The facts in brief are that the appellant is a company registered under the Companies

Dlf Universal Ltd. and anr. Vs. the Director General [investigation an ...

Court : Supreme Court of India

Subject : MRTP

Acts : Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2, 3(3), 11, 13A, 13B, 36A and 55; Companies Act, 1956; Haryana Development and Regulation of Urban Areas Act, 1975 - Sections 3; Arbitration Act, 1940; Transfer of Property Act; Supreme Court Rules, 1966 - Order 20A; Haryana Development and Regulation of Urban Areas Rules, 1976; Constitution of India - Article 300A

Reported in : AIR2008SC2244; III(2008)CPJ26(SC); 2008(8)SCALE342; [2008]84SCL426(SC); 2008AIRSCW3985; AIR2008SC2244; 2008(7)SCC513

arbitrator agreed upon by both the parties or by two arbitrators one by each party. The provision of Arbitration Act, 1940 amended from time to time will be referred to at such occasion, if arises. The respondents have argued … Education Charitable Trust (second appellant herein) have filed this appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 [hereinafter referred to … Practices Act, 1969 [hereinafter referred to as `the MRTP Act'] read with Order XX-A of the Supreme Court Rules, 1966 against the judgment and final order dated 3rd July, 2006 recorded by the Monopolies and Restrictive Trade

N.V. Chowdary Vs. Hindustan Steel Works Construction Ltd., Visakhapatn ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 32; Indian Contract Act, 1872 - Sections 55; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : AIR1984AP110

not agreeing of the Umpire appointed by them shall be final and conclusive and the provisions of the Arbitration Act, 1940, and of the Rules thereunder and any statutory modification thereof shall be deemed to apply to and be … by them shall be final and conclusive and the provisions of the Arbitration Act, 1940, and of the Rules thereunder and any statutory modification thereof shall be deemed to apply to and be incorporated in this contract. … the contract or not may also be looked into.26. Third Point:- Section 55 of the Contract Act lays down that,'when a party to a contract

Konkan Railway Corporation Limited Vs. M/S. Oriental Construction Comp ...

Court : Mumbai

Subject : Arbitration

the observation in Board of Trustees for the Port of Calcutta (supra) in a case arising under the Arbitration Act, 1940 that the arbitrator could award interest pendente lite ignoring the express bar in the contract.” 20. We are … the demand raised for compensation during extended period would fall under section 55 of the Contract Act and in these circumstances, clause 16.3 of the … follows: (a) The judgment of the High Court and that of the civil court making the award the rule of the court is partly set aside in so far as it relates to the award of Rs.

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 … that this is the course of action sanctioned by law. In paragraph 55 o the above referred judgment the Supreme Court has observed thus:55. The

Jindal Aromatics Vs. South Coast Spices Exports Pvt. Ltd.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Order 37, Rule 2(1) and 2(3); Arbitration Act, 1940 - Sections 34

Reported in : AIR2004Delhi8; 2003(2)ARBLR334(Delhi); III(2003)BC268; 105(2003)DLT222; 2003(69)DRJ429

returnable on 30.7.1996. Defendant did not enter appearance, instead an application (IA. 6727/96), under Section 34 of the Arbitration Act, 1940, seeking a stay of the suit on the ground that there was an arbitration agreement, was filed. Defendant … these circumstances, there is no alternative, but to proceed in accordance with the provision of Order xxxvII CPC Rule 2 Sub-rule (3), which provides, 'the defendant shall not defend the suit referred to in sub-rule (1) unless

Food Corporation of India Vs. Surendra, Devendra and Mohendra Transpor ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 33

Reported in : AIR1988SC734; (1988)2CALLT9(SC); JT1988(1)SC57; 1988(1)SCALE21; (1988)1SCC547; [1988]2SCR329

annum. The appellant filed objections in the High Court of Calcutta under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter called 'the Act') for setting aside the award, on 18th September, 1980, the learned single judge of … any other transport vehicles expeditiously. The Agent shall be liable to make good any compensation/demurrage/wharfage as per Railway rules in force during the period of contract other charges or expenses that may be incurred by the Corporation

Union of India (Uoi) Vs. Goel Trading Co.

Court : Guwahati

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 17 and 39; Khasi Syiemship (Administration of Justice) Order, 1950 - Rule 24; Code of Civil Procedure (CPC) - Sections 151

appellant is not satisfied with, the award, an application under Section 30 read with Section 33 of the Arbitration Act, 1940, was filed on 6-7-1992 i.e. within a period of 30 days from the date of issue of notices … on the ground of non-maintainability of it, is the subject matter under challenge in this Revision Petition under Rule 36A of the Rules for Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and

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 … India and Ors. 0044/1965 : [1966]1SCR466 the order passed by the Central Government dismissing the revision petition Under Rule 55 of the Mineral Concession Rules, 1960, was challenged before this Court on the ground that it did not

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

and the Acts amending the same. 10. The Specific Relief Act, 1877 (I of 1877). 11. The Indian Arbitration Act, 1940 (X of 1940). 12. The Indian Stamp Act, 1899 (II of 1899 and the Acts amending the same. … be posted before the Court for directions. In the said memo it is stated as follows :--Order 25, Rule 55 of the Original Side Rules has to be read subject to S. 295 of the Indian Succession Act