Advanced Search Results

Shiv Singh Amar Singh vs.ntpc Ltd

Court : Delhi

Subject : Arbitration

and the Amending Act do not apply to the Arbitral Award and the same is governed by the Arbitration Act, 1940 O.M.P.(ENF.) (COMM) No.67/2018 Page 1 (hereinafter referred to as the ‘1940 Act’). Counsel for the respondent submits that … submits that the Arbitration Agreement between the parties as contained in Clause 56 of the General Conditions of Contract (GCC) provides for the provisions of … the provisions of the 1940 Act and therefore, the Award is not enforceable till it is made a rule of the Court in accordance with Section 17 of the 1940 Act. He further contends that even after

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 … Relating to Building and Engineering Contracts in India, Fourth Edition at page 563, it is stated:'In a contract, where there is certificate clause which is

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

Jagdish Chander Vs. Hindustan Vegetable Oils Corporation and anr.

Court : Delhi

Subject : ContractArbitration

Acts : Indian Contract Act, 1973 - Sections 73; Arbitration Act, 1940 - Sections 14

Reported in : AIR1990Delhi204; 1989(2)ARBLR189(Delhi); ILR1990Delhi399

Thousand only) to the Arbitrator as charges for making the award in terms of section 14(1) of the Arbitration Act 1940. (9) The petitioner thereafter filed an application under sections 14, 17. and 29 of the Arbitration Act, inter … praying that the Arbitrator should be directed to file the award and the award should be made the rule of the Court. Notice of the application was issued and notice was also sent to respondent No. 2, … petitioner, and in terms of the contract, a mobilisation advance of Rs 56,16,724.00 was given by respondent No. 1 to the petitioner. This advance was

Compagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 28, 33 and 47; Foreign Awards (Recognition and Enforcement) Act, 1961 - Schedule - Articles 1 and 5; Indian Arbitration (Amendment) Act, 1941

Reported in : ILR1970Delhi927

for the suspension of the award till it was filedand made a rule of the Court under the Arbitration Act,1940. According to the petitioner's allegations, thepresent award becomes enforceable under the French law, in accordance with Article V(l)(e) … of the said court, by his letter dated 16/10/1969. According to it a sum of Dollars 179,438and Rs. 56,65,978.00 were awarded in favor of therespondent-corporation against the petitioner. As theaward amount was not paid and the petitioners

B. Raghuveeriah, Prop., L.B. Industries Vs. the National Small Industr ...

Court : Chennai

Subject : Arbitration

Reported in : (1969)2MLJ99

M.M. Ismail, J.1. This is an application under Section 34 of the Arbitration Act, 1940, by the defendant in C. S. No. 4 of 1968 on the file of this Court. The applicant-defendant … file of the Second Additional Judge, City Civil Court, Hyderabad, under Section 14 of the Arbitration Act and Rule 10 made under the Act praying for filing the award and other documents into the Court to enable … applicant-defendant has stated that he has filed a suit, O. S. No. 56 of 1968, on the file of the Second Additional Judge, City Civil

Union of India (Uoi) and ors. Vs. Meena Steels Limited and anr.

Court : Allahabad

Subject : ArbitrationCommercial

Acts : Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1

Reported in : AIR1985All282

1984, the appellants have preferred First Appeal From Order No. 398 of 1984 under Section 39(1)(v) of the Arbitration Act, 1940, and against the other order dt Feb. 4, 1984, granting temporary injunction First Appeal From Order No. 397 … 1984, granting temporary injunction First Appeal From Order No. 397 of 1984 has been filed under Order 43 Rule l(r) Civil P. C. The appeals were heard together.4. Learned counsel for the appellants submitted that the arbitration … Wright Ltd. v. Moran & Co. Ltd. : [1955]1SCR862 . At p. 56 a reference was made to the observations of S. R. Das J.

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 … This seems to their Lordships to be the result of Rules 18, 56, 57 and 82. The defaulting member himself has no interest in the … ORDER OF PRIORITY -When as provided in these Rules the Governing Board has exercised the right of nomination in respect of a membership vesting in the Exchange

Rashtriya Chemical Fertilizers Ltd., a Public Sector Undertaking, Regi ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 4, 5, 7, 8, 9, 11, 11(6), 12, 13, 14, 14(2), 15(4), 16(2), 16(3), 16(5), 17, 19, 19(1), 21, 25 and 34; ;Indian Contract Act - Section 56; ;Evidence Act; ;Arbitration Act, 1940 - Sections 23 and 28; ;Arbitration and Conciliation Rules - Rule 21; ;Indian Council of Maritime Arbitration Rules - Rule 20 and 20(1); ;Constitution of India - Articles 226 and 227; ;Code of Civil Procedure (CPC)

Reported in : 2010(112)BomLR1994

is true that under the Act, there is no provision similar to Section 23 and 28 of the Arbitration Act, 1940 which specifically provided that the Arbitrator shall pass award within reasonable time as fixed by the Court. It … A.P. Bhangale, J.1. Rule. The learned Counsel appearing on behalf of respondent No. 1 waives notice. By consent, the rule is made … of Sundaram Finance Ltd. v. NEPC India Ltd. : AIR 1999 SC 565 to support the proposition that the interim orders as listed can be

Navjeevan Builders Pvt. Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Civil

Acts : Indian Stamp Act, 1899 - Sections 26, 31, 35, 40, 41, 47B, 56 and 65; Rajasthan Stamp Act, 1998 - Sections 1(3), 29, 65, 65(1) and 91; Rajasthan General Clauses Act, 1955 - Sections 6; General Clauses Act - Sections 6; Arbitration Act, 1940; Constitution of India - Articles 226 and 227; Arbitration Rules

Reported in : AIR2005Raj327; 2005(4)WLC687

Hon'ble Supreme Court further held that 'arbitration clause to the effect 'Subject as aforesaid, the provisions of the Arbitration Act, 1940, or any statutory modification or re-enactment thereof and the Rules made thereunder and for the time being in … the revision petitions were presented before the Board of Revenue under Section 56 of the Indian Stamp Act, 1899 (hereinafter to be referred as the … such remedy may be enforced as if this Act had not been passed.(2) Any appointment, notification, notice, order, rule or form made or issued under the enactment hereby repealed shall be deemed to have been made or