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Forasol Vs. Oil and Natural Gas Commission

Court : Supreme Court of India

Subject : Commercial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 15, 151 and 152 - Order 21, Rules 11, 11(2) and 68; Limitation Act, 1963 - Schedule - Article 119; Foreign Exchange Regulation Act, 1973; Arbitration Act, 1940 - Sections 17; ;Constitution of India

Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)

no difference between the relevant provisions of the English Arbitration Act; 1950 (14 Geo 6, c.27), and our Arbitration Act, 1940 (X of 1940), particularly section 26(1) of the English Act and section 17 of our Act. For reasons … property cannot be put up for sale until after the expiry of the period prescribed by Order 21 Rule 68 of the CPC, 1908 (V of 1908), unless it is subject to speedy and natural decay or when

Extrusion Processes Pvt. Ltd. Vs. Kashibhai S. Patel

Court : Mumbai

Subject : Arbitration

Reported in : (1976)78BOMLR661

is not signed by all the parties, is concerned, even a cursory perusal of Section 2(a) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') leaves no room for doubt that all that is required by law … was in the case of Ramvullabh v. Dwarka Das & Co. (1965) 68 Bom. L.R. 485, S.C but it is not necessary to deal with … obtain the leave of the Bombay City Civil Court in Suit No. 5 of 1964 under Order XXXII, Rule 7 of the Code of Civil Procedure. In support of that contention, Mr. Bliatt relied on the decision

V. Anjaneya Setty Vs. M.G. Brothers

Court : Andhra Pradesh

Subject : CommercialArbitration

Acts : Partnership Act, 1932 - Sections 32, 62, 68, 68(2), 69, 69(2) and 72; Code of Civil Procedure (CPC), 1908 - Sections 80 and 99 - Order 1, Rule 1 - Order 30, Rule 1; Arbitration Act, 1940 - Sections 15, 17, 30 and 39; Indian Contract Act - Sections 253(7); Evidence Act

Reported in : AIR1981AP250

and Order 1 Rule 1 of Code of Civil Procedure, 1908 and Sections 17, 30 and 39 of Arbitration Act, 1940 - registered partnership firm carried on business in various items - certain suit filed by firm - firm … Railway for damages, cannot be treated as on behalf of the firm and would be barred under Section 68(2) (Partnership Act) and the notice under Section 80, Civil Procedure Code by Bhardia Brothers, cannot be treated as

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 … tactual matrix of the matter would be noticed from Civil Appeal No. 689 of 1998.3. The First Respondent herein filed a suit against the Appellant

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Industrial Relations Act, 1947 - Sections 73A; Limitation Act, 1963 - Sections 5

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

arbitration under the Chapter XI, which include Section 73A, shall be in accordance with the provisions of the Arbitration Act, 1940, insofar as they are applicable and the powers which are exercisable by a Civil Court under the said … 1994 L.I.C. 1337.20. In this regard attention is also drawn to Section 68 of the said Act. It provides that the proceedings in arbitration under … R.M.S. Khandeparkar, J.1. Heard. Rule. The respondent No. 1 waives service. By consent, the rule is made returnable forthwith and taken up for

Orissa State Co-operative Marketing Federation Ltd. Vs. Associated Mar ...

Court : Orissa

Subject : Trusts and SocietiesArbitration

Acts : Arbitration Act, 1940 - Sections 2 and 20; Orissa Co-operative Societies Act, 1963 - Sections 68(1), 121 and 127

Reported in : AIR1982Ori1; 53(1982)CLT150

R.N. Misra, C.J.1. This appeal under Section 39(1)(iv) of the Arbitration Act, 1940, is against the order of the learned Subordinate Judge of Bhubaneswar directing the filing of the arbitration agreement.2. … no jurisdiction to entertain the dispute as it was covered by Section 68 of the Orissa Co-operative Societies Act, 1962, and the Court's jurisdiction is … for want of notice. The learned subordinate Judge registered the application as a suit as provided by the rules of procedure, framed four issues and by the impugned decision directed the defendant to file the agreement. 3.

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 … 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 … R. v. Middlesex Justices, Exparte Schock reported in (1965)2 All England Reports 68.33. That case dealt with an Appellate decision by Quarter Sessions under Section

Rajasthan State Mines and Minerals Ltd. Vs. Eastern Engineering Enterp ...

Court : Rajasthan

Subject : Arbitration

Reported in : 1992(2)WLC19; 1991WLN(UC)402

N.K. Jain, J.1. This miscellaneous appeal is directed Under Section 39(vi) of the Arbitration Act, 1940 against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made … against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made rule of the court.2. The facts in brief are that the appellant is a company registered under the Companies

Engineering Construction Corporation, Ltd. Vs. Madras Port Trust, Madr ...

Court : Chennai

Subject : FamilyProperty

Acts : Arbitration Act, 1940 - Sections 16, 30 and 33

Reported in : AIR1968Mad335

Limitation Act of 1908 are dealt with in a single Article, Article 119 which runs as follows:--'119.Under the Arbitration Act 1940(a) for the filing in Court of an days award: Thirty days. The date of service of notice of … Company filed O. P. No. 280 of 1965 under Section 14(2) of the Arbitration Act and Order 43, Rule 4(2) of the Original Side Rules, 1955 for directing the Umpire to file into Court his award along

Videsh Sanchar Nigam Ltd. Vs. Shapoorji Pallonji and Company Ltd.

Court : Kolkata

Subject : Arbitration

Acts : Contract Act - Sections 54 and 55; ;Arbitration and Conciliation Act, 1996 - Sections 19, 24, 24(1), 28, 31(3), 33, 34, 51(3) and 68; ;Arbitration Act, 1940; ;Code of Civil Procedure (CPC) ; ;Indian Council Rules - Rules 43 to 57 and 58

Reported in : 2008(1)CHN721

to be applied in setting aside proceedings remain much the same under the 1996 Act as in the Arbitration Act, 1940. The matters complained of by the setting aside applicant should be such that would shock the conscience of … with this requirement may render the award subject to challenge under Section 68 of the Arbitration Act, 1996. It is also a ground for refusing … that in shutting out oral evidence, the Arbitral Tribunal misguided itself, and adopted a procedure unknown to the Rules of the Indian Council for arbitration apart from causing serious prejudice to the petitioner.9. According to the petitioner,