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Delhi Airport Metro Exptress Private Limited (India) vs.construcciones ...

Court : Delhi

Subject : Arbitration

the Supreme Court in National Thermal Power Corporation vs. Singer Company(supra). That was a case pertaining to the Arbitration Act, 1940 and the Foreign Awards (Recognition and Enforcement) Act, 1961. In that case the Agreement between the parties provided … Court chose London to be the place of Arbitration. The Supreme Court held as follows:-"―22. The principle in Rule 58, as formulated by Dicey, has two aspects - (a) the law governing the arbitration agreement, namely, its proper

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Subject : ArbitrationLimitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 34(3), 43, 82 and 85(2); Code of Civil Procedure (CPC), 1908 - Sections 24(1) and 141 - Order 1, Rule 10; Arbitration Act, 1940 - Sections 9, 14, 37(1) and 41- Order 1, Rule 8 - Rules 772 to 789; Indian Limitation Act, 1963 - Sections 2, 4 to 24, 29 and 33 - Articles 119 and 137; Constitution of India - Article 226; Indian Limitation Act, 1908 - Article 181; Income Tax Act, 1922 - Sections 26-A; Representation of People Act, 1951 - Sections 81; Motor Vehicles Act, 1939 - Sections 58 and 58(3)

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

was placed by Mr. Bulchandani on section 85(2)(b) of the 1996 Act to urge that even though the Arbitration Act, 1940 ('1940 Act') stood repealed by the 1996 Act, all rules made under the said enactment shall, to the … Ashfaq (supra), the Supreme Court was concerned with the interpretation of section 58 of the Motor Vehicles Act, 1939. This section provided that a motor … of a specific exception as to the application of the provisions of the Civil Procedure Code, Order I Rule 10 of the Code would squarely apply to the proceedings before the Court under the 1996 Act and,

Gas Authority of India Ltd. Vs. Spie Capag, S.A. and Others

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 17, 32, 33, 34 and 202 - Schedule - Articles 1(2), 2, 3, 4, 5(1), 6, 7(1), 8(1), 9, 9.1 and 9.2, 10, 11, 12, 13(3), 14, 15 and 16 ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 1, 2, 3, 4, 5, 6, 7(1), 8, 9, 10 and 11; Companies Act, 1956; Foreign Arbitral Awards, 1927; Code of Civil Procedure (CPC), 1908; Arbitration Protocol and Convention Act, 1937; Arbitration (Amendment) Act, 1975

Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131

right to levy liquidated damages, Pursuant to this communication, GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as … law of the country in which the arbitration is held (Vol. 1 pages 534-535). 22. The principle in Rule 58, as formulated by Dicey, has two aspects (a) the law governing the arbitration agreement, namely, its proper law;

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. … J. in Gardner v. Jay, (1885) 29 Ch D 50 at p. 58), 'that discretion like other judicial discretion must be exercised according to common

Misri Lal and anr. Vs. Bhagwati Prasad

Court : Allahabad

Subject : ArbitrationLimitation

Acts : Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 5; Registration Act, 1908 - Sections 58 and 60; Arbitration Act, 1940 - Sections 14(2) and 30; Tenancy Law; Uttar Pradesh Tenancy Act, 1939 - Sections 213; Limitation Act, 1908 - Schedule - Article 178

Reported in : AIR1955All573

the applicants came to know of the award.The period of limitation, used to be six months before the Arbitration Act, 1940, came into force, and the period ran from the date of the award. When a specific provision was … follow when a document is presented for registration is detailed in Sections 58 to 63 of the Registration Act. Section 58 of the Registration Act … was not challenged by the defendant.Reliance has been placed on behalf of the plaintiffs appellants on Order 8, Rules 3 and 5 of the Civil P. C. and it has been contended that if the allegations made

Jagdish Chander Gupta Vs. Kajaria Traders (India) Ltd.

Court : Supreme Court of India

Subject : Constitution

Acts : Partnership Act, 1932 - Sections 69(3); Arbitration Act, 1940 - Sections 8(2); Code of Civil Procedure (CPC), 1908 - Order 21, Rule 58

Reported in : AIR1964SC1882; (1964)66BOMLR709; 1965MhLJ45; [1964]8SCR50

disputed this and the company filed on March 28, 1959 an application under s. 8(2) of the Indian Arbitration Act, 1940 for the appointment of Mr. Kolah or any other person as arbitrator. 3. Jagdish Chander Gupta appeared and … attached and who has to make an objection under O. 21 r. 58 of the Code of Civil Procedure and (ii) proving a debt before … to the same category or genus comprehended by the particular words. But it is not necessary that this rule must always apply. The nature of the special words and the general words must be considered before the

Maheswari and Co. Pvt. Ltd. and anr. Vs. the Corporation of Calcutta

Court : Kolkata

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 20 and 41; ;Specific Relief Act, 1963 - Section 10; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 2; ; Sale of Goods Act, 1930 - Section 58

Reported in : AIR1975Cal165

ORDERSabyasachi Mukherji, J.1. This is an application under Section 20 read with Section 41 of Arbitration Act, 1940. The petitioner which is a company incorporated under the Companies Act, 1956 is the owner of a business … this application. In this connection, my attention was drawn, firstly, to Section 58 of the Sale of Goods Act. The said section of the Sale … Relief Act as well as Section 42 of the Specific Relief Act and the provisions of Order 39. Rule 2 of the Code of Civil Procedure to have an order as asked for in this application. In

Jolly Steel Industries Pvt. Ltd., Poona Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 3, 11, 14 and 33 - Schedule - Rule 3; Sale of Goods Act - Sections 58; ;Specific Relief Act - Sections 10 and 14

Reported in : AIR1979Bom214

Appeals allowed. a) The case dealt with the meaning of the expression 'entering on the reference' under the Arbitration Act, 1940;b) The Court ruled that the error in the award was not such, as could be corrected by it … dealt with the meaning of the expression 'entering on the reference' under the Arbitration Act, 1940;b) The Court ruled that the error in the award was not such, as could be corrected by it under Section 14 … in the open market, case falls under the exception contemplated under Section 58 of Sale of Goods Act and Section 10 of the Specific Relief

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 … certainly do not curtail the effect or the applicability of Section 37(3). 58(a). Mr.Thakkar's reliance upon the judgment of a three Judge Bench of the

Jayesh Pandya Vs. Sukanya Holdings Pvt. Ltd. and ors.

Court : Mumbai

Subject : CivilContract

Acts : Indian Partnership Act, 1932 - Sections 2, 7, 43, 50, 58, 58(1), 59, 67, 69 and 69(2); Indian Partnership (Maharashtra Amendment) Act, 1984 - Sections 58, 58(1A), 69 and 69(2); Arbitration and Conciliation Act, 1940 - Sections 5, 8, 11, 12 and 20; Code of Civil Procedure (CPC) , 1908 - Sections 10 and 12 - Order 22, Rule 1 to 14 - Order 23, Rules 1, 1(3), 1(4), 3 and 4 - Order 32, Rules 1 to 14 - Order 9, Rule 3

Reported in : 2005(5)BomCR725

of construction to Girdharilal. The contractor filed an application under Sections 5, 8, 11 and 12 of the Arbitration Act, 1940. The board contested the application. Evidence was led. The Court dismissed the application after recording findings on Issue … Maharashtra. In this amendment the words 'at any time' in original Section 58 have been deleted. Then after the words 'prescribed fee', in Sub-section (1) … or before filing the 2nd suit the plaintiff had not obtained leave of the Court under Order XXIII, Rule 1; that leave was subsequently obtained and, therefore, the 2nd suit was barred and the plaintiff was precluded