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M. Venkataratnam and anr. Vs. M. Chelamayya and anr.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Registration Act, 1908 - Sections 17, 17(1), 17(2) and 49 ; Arbitration Act, 1940 - Sections 14 and 17; Transfer of Property Act, 1882 - Sections 100 and 59; Stamp Act, 1899 - Sections 35

Reported in : AIR1967AP257

of reference to the Full Bench is:'Whether a private award passed after the curing into force of the Arbitration Act 1940 and which deals with immovable property of a value of more than Rs. 100/- is compulsorily registrable under … independent suit being filed to enforce an award which is not filed under Section 14 and made a rule of the Court. The effect of these sections considered in the light of the general scheme and object … accordance with the award. The respondents filed two separate applications, I. As. 597 and 598 of 1956, for setting aside the award.(3) The respondents raised

Government of A.P. and anr. Vs. Sri Venkateswara Construction Co., Kak ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14 and 30

Reported in : 2002(5)ALD142

G. Bikshapathy, J.1. The OP is filed under Sections 14(1), 30 and 33 of Arbitration Act, 1940 to direct the learned arbitrator to file the award in to Court and also to set aside the … and dated 22-1-1998.2. Important questions on the interpretation of clauses 73 and 59 of the Preliminary Specifications to A.P. Detailed Standard Specifications (for brief 'APDSS') … in this petition.7. It was resisted by the contractor and it was prayed that the award be made Rule of Court and decree be passed accordingly.8. It is to be noted in this regard earlier the department

Jammu and Kashmir State Forest Corporation Vs. Abdul Karim Wani and or ...

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Jammu & Kashmir Arbitration Act, 2002(Smvt) - Sections 11, 20 and 41; Arbitration Act, 1940 - Sections 2, 11 and 20; Constitution of India - Article 136

Reported in : AIR1989SC1498; JT1989(3)SC99; 1989(1)SCALE933; (1989)2SCC701; [1989]2SCR380; 1989(2)LC262(SC)

& Kashmir State Forest Corpn.17. An arbitration agreement is one which is defined in Section 2(a) of the Arbitration Act, 1940 as a written agreement to submit present or future differences to arbitration. There was, in this case, an … below : -41. Procedure and powers of Court.- Subject to the main provisions of this Act and of rules made thereunder -(a)....(b) the Court shall have, for the purpose of, and in relation to, arbitration proceedings, the … paccinali and mahan work of. timber to be extracted from compartment No. 59 Marwah. In response thereto the petitioner to the original application being the

Dr. Devinder Kumar Gupta and ors. Vs. Realogy Corporation and anr.

Court : Delhi

Subject : Arbitration and Conciliation

Acts : Arbitration And Conciliation Act, 1996 - Sections 34, 48, 11; Arbitration Act, 1940 - Section 24; Companies Act; Specific Relief Act, 1963 - Section 34; Code of Civil Procedure (CPC) - Section 96 - Orders 41, 11 Rules 1, 11

to the suit are not parties to the arbitration agreement. As against this, under Section 24 of the Arbitration Act, 1940, some of the parties to a suit could apply that the matters in difference between them be referred … apparently a standard form contract prepared by the Claimant. It is salutary to bear in mind that the rule of contra proferentem enjoins Courts to lean in favour of the party which is not the originator or

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

State of A.P. and Another Vs. Kapa Babu Rao

Court : Andhra Pradesh

Subject : Arbitration

Acts : Interest Act, 1978; Arbitration Act, 1940 - Sections 3, 8, 30, 33, 41 and 45; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : 2000(2)ALD80; 2000(5)ALT674

Matched in: Advocate Government Pleader for Arbitration Mr. N. Mohana Krishna, Adv.

Sanjay Kaushish Vs. D.C. Kaushish and Others

Court : Delhi

Subject : CompanyFamily

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 - Order 7, Rule 11 - Order 10, Rule 1 and Order 32; Arbitration Act, 1940 - Sections 17, 20 and 32; Specific Relief Act, 1963 - Sections 31 and 42; Limitation Act, 1963 - Articles 59, 91 and 113;

Reported in : AIR1992Delhi118; 1992(1)ARBLR242(Delhi); 48(1992)DLT414

points raised was that the present suit is barred by provisions of Sections 32 and 33 of the Arbitration Act, 1940. In the present case, there was no question of the award being challenged by filing any objections or … shall decide the aforesaid two applications moved by the defendants seeking rejection of the plaint under Order VII Rule I I of the Code of Civil Procedure.2. Elaborate oral arguments have been addressed by counsel for 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 … When the suit was filed, the firm was not registered under Section 59 of the Indian Partnership Act, 1932, it was registered on 28th April … 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

Bharti Televentures Ltd. Vs. Dss Enterprises Private Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 2(7), 5, 8, 8(1), 8(2), 9, 11, 16, 17, 28, 33, 34, 37, 44, 45, 48, 51, 53, 54, 59, 64, 70, 75 and 81; Arbitration Act, 1940 - Sections 14 and 34; Foreign Awards (Recognition and Enforcement) Act 1961 - Sections 9; Foreign Awards Act; Limitation Act; Factories Act; Bombay Shops and Establishments Act, 1948 - Sections 70; Delhi Rent Control Act - Sections 25B; Contract Act - Sections 230; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 2, Rule 2 - Order 39; Constitution of India - Articles 21, 51 and 141; International Cricket Council Rules - Rules 72 and 100; International Cricket Council Regulations

Reported in : 2005(2)ARBLR561(Delhi); 123(2005)DLT532

observations. It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … apply to an arbitration which takes place outside India there would be no necessity to specify that the rules are to apply 'where the place of arbitration is situate in India'. It has been held in the … respondents and they would be entitled to claim overtime wages under Section 59 of that Act read with Section 70 of the Bombay Shops and

Karnataka Neeravari Nigam Ltd., Vs. M/S Shetty Construction

Court : Karnataka Dharwad

Subject : Land Acquisition

completed within the stipulated period. This had prompted the respondent to institute proceedings under Section 8 of the Arbitration Act, 1940, in the Court of the Civil Judge (Senior Division) Gokak, as on 1.4.1993. Accordingly, a sole arbitrator having … not be liable to pay future interest on the award amount may only be with regard to the rule of appropriation as contained in the provisions of the Code of Civil Procedure, 1908. The opinion expressed by … 36902 8274 52022 11664 1212 272 53234 11936 168371 410927 579298 13493 592791 1821530 455382 1366147 3580129 4946276.2 109479 5055755.2 2000000 5241205 7241205 160274 7401479