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

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 … the cases of Shiva Jute Baling Ltd. v. Hindley and Co. Ltd., 57 Cal WN 573 at p. 577 and Mury Exportation v. D. Khaitan

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … under which he has held a foreign award dated 16th September, 1986 made in Paris under the arbitration rules of the International Chamber of Commerce as enforceable under the Foreign Awards (Recognition and Enforcement) Act, 1961. He … United States of America and carries on its business, inter alia, at 570. Lexington Avenue, New York, U.S.A.3. By a contract in writing dated 24th

Bollaram George Vs. Kadpak Lingiah

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14(2); Limitation Act - Schedule - Article 158

Reported in : AIR1961AP457

Mad 144, AIR 1925 Lah 619 (1) and : AIR1952Cal226 and has held : 'Section 14 of the Arbitration Act, 1940 contemplates a case where the arbitrators or Umpire filed an award in Court when both parties to arbitration … on Bhola Nath Mallick v. Mahadev Mallick, : AIR1952Cal226 , and Kawal Singh v. Baldeosingh, AIR 1957 Nag 57. 4. In order to appreciate the contentions of the learned counsel for the parties, a reference to Section

Sumitomo Heavy Industries Ltd. Vs. Ongc Ltd. and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Arbitration Act, 1940 - Sections 14(2) and 47

Reported in : AIR1998SC825; 1998(1)ALLMR(SC)715; 1998(1)ARBLR10(SC); [1998]91CompCas349(SC); JT1997(9)SC666; 1997(7)SCALE338; (1998)1SCC305; [1997]Supp6SCR186; 1998(1)LC82(SC)

Court at Bombay a petition praying that the second respondent be directed, under Section 14 of the Indian Arbitration Act, 1940, to file the award in that court. The first respondent submitted that the award was invalid, unenforceable and … Edition'. The first Rule under the heading 'Arbitration: in the Chapter on 'Arbitration and Foreign Awards' reads thus :'Rule 57 - (1) The validity, effect and interpretation of an arbitration agreement are governed by its applicable law. (2)

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 … seems to their Lordships to be the result of Rules 18, 56, 57 and 82. The defaulting member himself has no interest in the result … 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

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : The Arbitration and Conciliation Act - Sections 50, 45, 39; The Delhi High Court Act - Section 10; The Specific Relief Act - Section 6; The Trade Marks Act - Sections 76, 77; Government of India Act - Section 108; The Land Acquisition Act - Section 54; The Delhi Rent Control Act - Sections 39, 43; Code of Civil Procedure (CPC) (C.P.C) - Sections 104, 588, 4; The Indian Succession Act - Section 299

arising in this batch of cases, though not under the 1996 Act but under the provisions of the Arbitration Act, 1940 (hereinafter 1940 Act ). In Aradhana Trading Co. the Court referred to both the decisions in Vinita M. … the award shall be deemed to be a decree of that Court. 57. Under section 6 of the 1961 Act, the Court on being satisfied … the High Court, indeed S.77 of the Act provides that the High Court can if it likes make rules in the matter. Obviously after the appeal had reached the High Court it has to be determined according

Allahabad Development Authority and anr. Vs. Vidyawati Construction Co ...

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 9, 20, 21, 28, 30, 33 and 34; Limitation Act, 1963 - Sections 3 - Schedule - Article 137

Reported in : 2001(4)AWC2809; (2002)1UPLBEC300

dated 23.5.1997 as rule of Court and rejecting the objection of the appellants under Section 30/33 of the Arbitration Act, 1940 (in short the 'Act').2. The Allahabad Development Authority, Allahabad, appellant, framed a project for construction of multi-storied commercial … respondent (hereinafter called the respondent-company) submitted the tender. The cost of the project was quantified approximately at Rs. 57,00,000. The company submitted its tender which was accepted by the appellant, Allahabad Development Authority (in short the A.D.A.).

Chowgule Brothers and ors. Vs. Rashtriya Chemicals and Fertilizers Ltd ...

Court : Mumbai

Subject : ContractLabour and Industrial

Acts : Arbitration Act, 1940 - Sections 8, 10(2), 30, 37(1) and 37(3); Limitation Act, 1908 - Sections 5; Electricity (Supply) Act, 1948 - Sections 49; ICA Rules - Rules 5, 5(1), 7, 16, 16(2), 22, 24 and 87(5)

Reported in : 2006(3)ALLMR423; 2006(3)ARBLR457(Bom); 2006(4)BomCR78

Appeal against the order of the learned Single Judge allowing the Respondent's Petition under Section 30 of the Arbitration Act, 1940 setting aside the majority award made by Respondent Nos.2 and 3. 2. Respondent Nos.2 and 3 awarded a … or effect of the contract or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the Award made in pursuance thereof shall be binding … it cannot possible be contended that the claim is barred by limitation. 57. In addition, if the procedure prescribed under Rule 16 of the ICA

Mehta Dipchand Vakhatchand Vs. Dave Madhusudan

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 14(2) and 41; Saurashtra High Court Rules - Rules 1, I, IV, VI and 109; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1(3) - Order 38

Reported in : AIR1957Bom269; (1957)59BOMLR367; ILR1957Bom571

application. It is against this order that the applicant has come in revision.2. Now Sections 14 of the Arbitration Act, 1940, under which the proceedings for filing an award are to be taken does not say expressly or by … of this Court is 'Ganpat Kinushet v. Vitihal Bhikan AIR 1942 Bom 57. There an application to file an award had been withdrawn without obtaining … ORDER1. The dispute in this revision application relates to the computation of advocate's fees, under the Rules of the former Saurashtra High Court, in an application for filing an award under Sections 14 of the