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Union of India (Uoi) Representing Northern Railway Vs. Firm J.P. Sharm ...

Court : Rajasthan

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30

Reported in : AIR1968Raj99

of the Court to set aside the award is restricted to cases set out in S 30 of Arbitration Act. 1940. It is not open to the Court to speculate, where no reasons are given by the arbitrator, as … finding be precise. The learned District Judge further noticed that the arbitrator was not bound by the technical rules of procedure like a court and, therefore, he need not record separate findings on the various points on … heard issuewise, the arbitrator by his order dated 19-1-63 (available at page 661 of the paper book) called upon both the parties to furnish factual

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 … the respondents 51, 52, 53, 56, 57, 59, 61, 62, 63, 64, 66 and 67 submits that his clients have nothing to do with the … 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

Akash Gupta Vs. Frankfinn Institute of Air Hostess Training and anr.

Court : Delhi

Subject : Civil

Acts : Delhi High Court Act, 1966 - Sections 7 and 10; Code of Civil Procedure (CPC) - Sections 52, 73, 104, 122 and 129 - Order 5, Rules 17, 19, 19A and 30 - Order 6, Rule 5 - Order 7, Rule 17 - Order 13, Rule 9 - Order 16 - Order 21, Rules 7, 11(3), 14, 17, 24, 25, 34, 50(2), 66 and 67 - Order 22 - Order 27, Rule 7 - Order 30, Rules 1 and 2 - Order 33, Rule 9 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 37 and 39; Arbitration and Conciliation Act, 1996 - Sections 11(6); Delhi High Court (Original Side) Rules, 1967 - Rules 3, 4 and 19

Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31

the case of the East India Hotel Ltd. and Vidyawati Construction Company (Supra) all relate to cases under Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996. Both these Arbitration Acts are comprehensive enactments relating to Arbitration and also … (2) of the Code except where liability is disputed;(24) Applications for the issue of proclamations of sale under Rule 66, and for direction as to the publication thereof under Rule 67 of Order XXI of the Code;(25)xxx xxxx

NaraIn Das Hari Vansh Vs. Kanpur Nagar Mahapalika

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 16, 16(1) and 23

Reported in : AIR1963All269

from the respondent in respect of this appeal. (i) Arbitration - power of Court - Section 23 of Arbitration Act, 1940 - reference to arbitration by Court - jurisdiction of Court remain suspended and limited till arbitration superseded. (ii) … Co. v. Jivraj Balloo Spinning and Weaving Co., Ltd., AIR 1923 PC 66. In that case their Lordships of the Privy Council quoted with approval … Civil Judge was of the view that the suit of the plaintiff was barred by the six month's rule of Limitation, that in view of the provisions of Section 3 of the Limitation Act the suit was

Continental Construction Ltd. Vs. State of U.P.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 9, 30 and 33

Reported in : 2003(3)ARBLR320(SC); 2004(1)AWC23(SC); 97(2004)CLT273(SC); JT2003(Suppl2)SC410; 2004(1)MhLj1084; 2004MPLJ450(SC); 2003(8)SCALE14; (2003)8SCC4; [2003]48SCL312(SC)

before the Court of District Judge purported to be in terms of Sections 33 and 9 of the Arbitration Act, 1940 which was allowed. Being aggrieved by and dissatisfied with the judgment of the District Judge, the appellant filed … in relation to its claim for rockfill. The appellant therein filed applications for making the said awards as rule of the Court. Respondent, however, filed objections thereto in terms of Section 30 of the Arbitration Act, 1940.

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

Code, no further appeal would be maintainable.62. We may notice that Sub-section (2) of Section 39 of the Arbitration Act, 1940 does not contain any non-obstante clause. The said provision does not refer to the Letters Patent of the … Section 104 of the Code, an appeal against an order passed by the Appellate Court under Order XVIII Rule 1 read with Section 104 of the Code, was not maintainable. A certificate of fitness, however, in terms

The Superintending Engineer, Tamil Nadu Housing Board Vs. S. Mariappan ...

Court : Chennai

Subject : Arbitration

Reported in : (1993)2MLJ543

matter by joint discussion. The Arbitrator considered all these matters and passed the Award.13. Section 30 of the Arbitration Act, 1940 deals with the grounds for setting aside the award which is as follows:An award shall not beset aside … 1983 by the Superintending Engineer, Tamil Nadu Housing Board. Cross Objection No. 66 of 1991 is preferred by M. Paramasivam, the contractor in O.S.A. No. … repeatedly that observations in the said judgment were not intended to lay down any such absolute or universal rule as they appear to, on first impression. Until Executive Engineer, Irrigation Gulimala v. Ahmaduta Jena : [1988]1SCR253 ,

Municipal Corporation of Greater Bombay and Vs. Atlanta Infrastructure ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29, 30, 35, 39, 40 and 73(1); Interest Act, 1978 - Sections 3; Negotiable Instruments Act, 1881; Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2

Reported in : 2006(2)ARBLR93(Bom); 2006(2)BomCR596; (2006)108BOMLR67

Single Judge dated 18thJanuary 1996 in Arbitration Petition No.184 of 1992. The Arbitration Petitioninvoked Section 30 of the Arbitration Act, 1940 to challenge an award dated 6th August1992 made by the second respondent, who was appointed as Sole Arbitrator … promissory note orcheque, as defined in the Negotiable Instruments Act, 1881 (26 of 1881) or; (ii) theprovisions of rule 2 of Order II of the First Schedule to the Code of Civil Procedure,1908 (5 of 1908); (c) … 13,84,377-00Pendente lite 4,39,699-00Future @ 18% p.a.on the award sumCLAIM NO.6 1,00,000-00-----------------------------------------------TOTAL :-Rs. 66,94,254-19-----------------------------------------------COUNTER SUM AWARDEDCLAIM NO.1. Nil2. Nil3. Nil4. Nil5. 37,262-906. Nil7. Nil8. Nil---------------------------------------------TOTAL:- Rs.

Ahmedabad Millowners' Association and Anr. Vs. I.G. Thakore, President ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Bombay Industrial Relations Act, 1946 - Secitons 2(3), 2(4), 12, 23(1), 42(2), 42(4), 43A, 66, 66(2), 68, 71, 72, 73, 87 and 92; Constitution of India - Articles 14, 226 and 227; Bombay Industrial Disputes Act, 1938; Arbitration Act, 1940

Reported in : AIR1967SC1091; [1967(14)FLR325]; (1967)ILLJ733SC; [1967]2SCR437

of the Act, that Court will proceed to give its award in accordance with the provisions of the Arbitration Act, 1940 in view of section 68 of the Act, while if the dispute is referred at the instance of … submit the dispute for arbitration under Chapter XI of the Act. Section 66 makes provision for submission of an industrial dispute for arbitration. Sub-section (1) … Union to be brought on the approved list, the most important is one which lays down that its rules must provide that every industrial dispute, in which a settlement is not reached by conciliation, shall be offered

J.C. Budhraja Vs. Chairman, Orissa Mining Corporation Ltd. and anr.

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 8(2), 18, 30 and 37(3); Orissa Arbitration (Amendment) Act, 1984 - Sections 41A; Limitation Act, 1963 - Sections 18, 18(1) and 20; Limitation Act, 1908 - Sections 19; Code of Civil Procedure (CPC) - Order 22, Rule 3

Reported in : AIR2008SC1363; 2008(1)ARBR238(SC); 2008(3)MhLj33; (2008)8MLJ179(SC); 2008(1)SCALE597; (2008)2SCC444; 2008AIRSCW800; 2008(2)ICC584

Case No.306/80 in regard to the contract in the Court of the Sub-Judge, Bhubaneswar, under Section 8(2) of Arbitration Act, 1940 ('Act' for short) for appointment of an Arbitrator. The court allowed the said petition by order dated 6.10.1980 … Court as Arbitrator by consent. On 16.12.1982, an application was made by the present appellant under Order 22 Rule 3 CPC claiming to be the son of legatee of the contractor and for substituting him in place