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The Hindustan Construction Co. Ltd., a Company Registered Under the Co ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Minimum Wages Act, 1948; Minimum Wages Rules

Reported in : 2007(1)ARBLR338(Bom); 2007(1)BomCR830; 2007(1)MhLj673

of the contract which would necessitate the reference. 4. In the Plaint filed under Section 20 of the Arbitration Act, 1940, the plaintiffs set out the following questions indicating the disputes and differences having arisen between the parties on … 13.6. He submitted that in the backdrop of these documents, if Clause 63 of the General Conditions is seen, it would be apparent that the … with the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as the 'said Act') and the Rules made thereunder in respect of any employees directly or through petty contractors or sub-contractors, as per C.S. No.

K. Rama Murthy (Died) by Lr and ors. Vs. A. Ramaswamy (Died) by Lrs. a ...

Court : Andhra Pradesh

Subject : Contract

Acts : Arbitration Act, 1940 - Sections 34; Limitation Act, 1963 - Sections 3(2), 5, 14, 14(2), 14(3), 29(2) and 47 - Schedule - Article 113; Indian Contract Act, 1872 - Sections 37; Arbitration and Conciliation Act, 1996 - Sections 34, 34(3) and 43; Representation of People Act; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 8, Rule 6, 6A to 6G - Order 20, Rule 18 - Order 23 - Rules 1 and 2; Code of Criminal Procedure (CrPC) ; Indian Penal Code

Reported in : 2007(6)ALD631

further stated that the defendants filed an application LA. No. 1271 of 1991 under Section 34 of the Arbitration Act, 1940, seeking reference of the matter to arbitration before the trial Court and the same is pending.18. During the … other formalities, like execution of retirement deeds and release deeds, are completed. 63. Further, from a reading of Annexures-I to IX, it could be seen … on record as defendant Nos. 17 to 22.14. The defendants filed written statement and counter-claim under Order VIII Rule 6-A of the Code of Civil Procedure, 1908 (CPC) denying the material allegations in the plaint. It is

Namdeo S/O Maroti Gabhane Vs. Monabai (Smt.) W/O Laxman Jadhao and anr ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 21, 23 and 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3

Reported in : 1990(2)BomCR168; 1991(1)MhLj906

Mr. Shelat, the learned Advocate for the respondents invited my attention to Chapters II and III of the Arbitration Act, 1940 Chapter II speaks about the arbitration without intervention of a Court, whereas Chapter III speaks about the arbitration … hand, as the law stands, other methods-other than the remedy provided in sections 21 and 23 are not ruled out. It is permissible for the parties even during the pendency of the suit to resort to arbitration … evidence on 2-4-1981. On 2-4-1981, both the parties filed an application Ex. 63 stating that they are proposing to settle the matter amicably. They requested

Union of India (Uoi) and anr. Vs. Madnani Construction Corporation (P. ... Overruled

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 17, 20, 30 and 33

Reported in : 2004(1)ARBLR107(All); 2003(4)AWC2624

matters of the contract.3. The contractor filed an application on 18th August, 1987 under Section 20 of the Arbitration Act, 1940 (the Act) for appointment of an arbitrator. This application was transferred on 21st February, 1990, to the Court … three stages--while making reference to arbitration, in the course of arbitral proceedings and while making the award a rule of the Court.' (italics mine)24. In this case the Railways have raised objections at the time when application … are excepted matters under the contract or not.26. Clause Nos. 62 and 63 of the GCC (Appendix-III) state that excepted matters cannot be referred to

NihaluddIn Vs. Tej Pratap Singh and ors.

Court : Allahabad

Subject : ArbitrationCriminal

Acts : Contempt of Courts Act, 1952 - Sections 3; Uttar Pradesh Consolidation of Holdings Act, 1939 - Sections 12 and 37; Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1957

Reported in : AIR1968All157

standing and in all other respect the matter shall be determined in accordance with the provisions of the Arbitration Act, 1940. (2) The appointment of an Arbitrator under Sub-section (1) may be made either generally or in respect of … 1940. The powers of the Arbitrator and the procedure to be followed by him are laid down in Rule 63 of the U.P. Consolidation of Holdings Rules, the relevant portions whereof are quoted as under:--'(4): On receipt of

Supreme Co-operative Group Housing Society Vs. M/S. H.S. Nag and Assoc ...

Court : Supreme Court of India

Subject : ArbitrationTrusts and Societies

Acts : Code of Civil Procedure (CPC) - Sections 80 - Order 7, Rule 11 - Order 21, Rule 63; Delhi Co-operative Societies Act, 1972 - Sections 60, 90 and 93; Indian Arbitration Act, 1940 - Sections 2 and 20; Code of Civil Procedure (CPC) Amendment Act, 1976

Reported in : 1996VIAD(SC)432; AIR1996SC2443; 1996(2)ARBLR273(SC); JT1996(6)SC592; 1996(5)SCALE343; (1996)9SCC492; [1996]Supp2SCR658; 1996(2)LC519(SC)

latter 7 towers. The respondent invoking Clause 32 of' the agreement filed application under Section 20 of the Arbitration Act, 1940 (for short, the 'Act') for calling upon the petitioner to produce the agreement and to have the dispute … CPC 1976 Amendment Act, insistence upon a notice under Section 80 CPC in a suit under Order 21 Rule 63 renders no assistance to the petitioner. Even analogy of Section 80 CPC sought for in support of reference

Radical Builders (India) Pvt. Ltd. Vs. Pharmaceutical Employees Co-op. ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 3 to 19, 20, 20(1), 20(2), 20(3), 20(4) and 21; Arbitration and Conciliation Act, 1996 - Sections 11 and 11(6); Limitation Act, 1963 - Sections 8, 8(1) and 8(2) - Article 137

Reported in : 2007(1)ARBLR171(Delhi); 137(2007)DLT709

Gita Mittal, J.1. This petition has been filed under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator to adjudicate upon the disputes between the parties. The respondents had set up … executed.3. The tender conditions which form part of the contract contained Clause 63 for reference of disputes to arbitration by the Fellow of Institute of … Division Bench in Vijay Construction Co. AIR 1981 Delhi 193 (supra) cannot be said to lay down the rule of law that in a case of a contract cause of action would necessarily arise on the date

Maheshwari Brothers Ltd. Vs. National Highways Authority of India

Court : Kolkata

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 9, 14(2), 36, 98 and 99; ;Code of Civil Procedure (CPC) - Sections 114 and 141 - Order 23, Rule 3 - Order 38, Rule 5 - Order 41, Rules 4, 22, 33 - Order 47, Rule 1; ;Evidence Act; ;Trade Marks Act - Section 76; ;Saurashtra Land Reforms Act - Section 63; ;Arbitration Act, 1940 - Sections 34, 39 and 41; ;Quarter Sessions Act, 1849 - Section 1; ;Betting, Gaming and Lotteries Act, 1963; ;Representation of People Act - Section 116A; ;Constitution of India - Articles 136, 215, 226 and 329; ;Companies Act 1956 - Sections 5, 8, 9, 10F, 37 and 37(2); ;Indian Contract Act - Section 28

Reported in : 2007(1)ARBLR64(Cal),(2006)3CALLT154(HC)

Counsel for NHAI, the question was whether an award based upon an oral submission can be enforced under Arbitration Act, 1940. The Court held that Section 14(2) of the Act can only be read as referring to awards based … order. It was held that there was no such power under Section 63 of Saurashtra Land Reforms Act. In that context it was held that … held that once an appeal had reached the High Court it has to be determined according to the rules of practice and procedure of that Court and in accordance with the charter under which the Court is

Sbi General Insurance Co. Ltd. Vs. Krish Spinning

Court : Supreme Court of India

Subject : Arbitration

make the arbitration clause invalid.50. The doctrine of separability was not part of the legislative scheme under the Arbitration Act, 1940. However, with the enactment of the Act, 1996, the doctrine was expressly incorporated. This Court in National Agricultural … "no-dues certificate". (Emphasis supplied) 57. The position that emerges from the aforesaid discussion is that there is no rule of an absolute kind which precludes arbitration in cases where a full and final settlement has been arrived … discharge of a contract by “accord and satisfaction” is embodied in Section 63 of the Indian Contract Act, 1872, which provides that the promisee may,

J.C. Budhraja Vs. Steel Authority of India Limited

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30

Reported in : ILR1991Delhi520

D.P. Wadhwa, J.(1) This is a petition filed under Sections 14 and 17 of the Arbitration Act, 1940 (for a short 'the Act') for making the award dated 11th July 1986 made by Mr. S. N. … risks, contingencies and other circumstances which may influence or affect his tender. 63. The Tendered/Contractor shall be deemed to have satisfied himself before tendering as … award dated 11th July 1986 made by Mr. S. N. Sinha and Mr. G. Varma, two Arbitrators, as Rule of the Court. The suit was registered on the Arbitrators filing the award in the Court. Then, the