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Firm Ashok Traders and anr. Etc. Vs. Gurumukh Das Saluja and ors. Etc.

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2) and 69(3); Arbitration and Conciliation Act, 1966 - Sections 2(1), 9, 11, 17, 36 and 37(1); Code of Civil Procedure (CPC) - Order 40, Rules 1 to 4; Arbitration Act, 1940 - Sections 20

Reported in : AIR2004SC1433; 2004(1)ARBLR141(SC); 2004(2)AWC949(SC); (2004)2CompLJ419(SC); 2004(2)CTC208; JT2004(2)SC352; 2004(3)MhLj592; 2004MPLJ266(SC); (2004)137PLR526; 2004(1)SCALE29; (2004) 3 SCC 155; MANU/SC/0026/2004

case, this Court held Section 69 of Partnership Act applicable to an application under Section 20 of the Arbitration Act, 1940 as such an application (under the scheme of that Act) would be included within the meaning of 'other … continue to run this business as receivers subject to their complying with the provisions given in Order 40 Rules 1 to 4 CPC. They shall submit their accounts before the court in which the application under section

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 … clearly saved the letters Patent jurisdiction of the High Court. ..(Emphasis supplied) 69. Referring to Clause 15 of the Letters Patent of the Bombay High … 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

Boys Markets, Inc. Vs. Retail Clerks Union

Court : US Supreme Court

Subject : Land Acquisition

collective bargaining agreement containing a provision that all controversies concerning its interpretation or application should be resolved by arbitration and that there should be no work stoppage, lockout, picketing, or boycotts during the life of the contract. … Girouard v. United States, 328 U. S. 61 , 328 U. S. 69 Page 398 U. S. 242 (1946). Therefore, in the absence of any … Sinclair Refining Co. v. Atkinson, 370 U. S. 195 (1962), which held that § 4 of the Norris-LaGuardia Act bars a federal district court from enjoining a strike in breach of a no-strike clause in a collective … treacherous to find in congressional silence alone the adoption of a controlling rule of law." Girouard v. United States, 328 U. S. 61 , 328

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

question whether the application moved by an unregistered partnership firm Under Section 8 Sub-section (2) of the Indian Arbitration Act, 1940 for appointment of an arbitrator in the light of the arbitration agreement between the parties was covered by … plaint, the suit can be said to have been barred Under Section 69 Sub-section (2) of the Partnership Act as that is the only bar … in lawful possession of the cinema theatre and would be entitled to renewal of cinema licence as per Rule 13 of the relevant rules. Considering the status of the erstwhile tenant on the expiry of the lease

Kajaria Traders (India) Ltd. Vs. Foreign Import and Export Association

Court : Mumbai

Subject : Arbitration

Acts : Indian Partnership Act, 1932 - Sections 69, 69(1), 69(2), 69(3) and 69(4); Indian Companies Act, 1913; Indian Arbitration Act, 1940 - Sections 3, 8 and 8(2); Presidency-Towns Insolvency Act, 1909; Provincial Insolvency Act, 1920; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1; Displaced Persons (Debts Adjustment) Act, 1951; Presidency Small Cause Courts Act, 1882 - Sections 19; Provincial Small Cause Courts Act, 1887

Reported in : AIR1961Bom65; (1960)62BOMLR753

present petition as it is a petition filed under the provisions contained in Section 8 of the Indian Arbitration Act, 1940. Both Mr. Justice Mudholkar and Mr. Justice Naik, who heard the matter, agreed that in the circumstances of … of the questions following:--'Whether in view of the provisions contained in Section 69 of the Indian Partnership Act, 1932, the present petition is maintainable and … the use of sucha word prefacing others of general import. To mymind it is impossible to frame a rule applicableto all the various documents in which such phrases are to be found. **** The word 'bunkering' must

Amazon.com Nv Investment Holdings Llc Vs. Future Retail Limited

Court : Supreme Court of India

Subject : Arbitration

for any implication here. This argument may have found favour with a court if it were dealing with Arbitration Act, 1940. As has been held in several decisions of this Court, the Arbitration and Conciliation Act, 1996 is a … in these appeals - first, as to whether an “award” delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre [“SIAC Rules”]. can be said to be an order under Section 17(1) … has offered an explanation which, in our considered view, is acceptable one.” 69 50. It is one thing to say that the power exercised by

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 … 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 … were to be by consent of the parties and (ii) that s. 69(3) of the Indian Partnership Act, 1932 afforded a bar to the petition

Indian Oil Corporation Ltd. and ors. Vs. Raja Transport (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 9, 11, 11(2), 11(4), 11(5), 11(6), 11(8), 12(1), 12(3), 18, 34(2) and 69; Arbitration Act, 1940 - Sections 5 and 20; Code of Civil Procedure (CPC) - Order 7, Rule 11

Reported in : JT2009(11)SC450; (2009)8MLJ985(SC); 2009(11)SCALE672; (2009)8SCC520; 2009(9)LC4269(SC):2009(5)LHSC3435.; [2009] 13 SCR 510

shall be final, conclusive and binding on all parties to the Agreement, subject to the provisions of the Arbitration Act, 1940 or any statutory modification of re-enactment thereof and the rules made thereunder and for the time being in … subject to the provisions of the Arbitration Act, 1940 or any statutory modification of re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceedings under this clause.(emphasis … the respondent as its dealer for retail sale of petroleum products. Clause 69 of the said agreement provided for settlement of disputes by arbitration. The

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 … in the written statement ? 4. Whether the plaintiff is not (as per orders) in I. A. No. 69/73 dated 28-9-1973 entitled to a decree in terms of award? 5. Whether the arbitrators are guilty of any

Kamal Pushp Enterprises Vs. D.R. Construction Company

Court : Supreme Court of India

Subject : Arbitration

Acts : Partnership Act, 1932 - Sections 69(2); Code of Civil Procedure (CPC) - Order 14, Rule 2; Arbitration Act, 1940 - Sections 2, 8(2) and 14(2)

Reported in : AIR2000SC2676; 2000(5)ALT39(SC); JT2000(8)SC347; 2000(5)SCALE348; (2000)6SCC659; [2000]Supp2SCR20; 2000(2)LC1250(SC)

arose between the appellant and the respondent. Thereupon, the appellant appears to have, invoking Section 8(2) of the Arbitration Act, 1940, served a notice on the respondent seeking for consent for the appointment of an Arbitrator, in terms of … Revision Petition filed by the appellant holding that the provisions of Section 69 of the Partnership Act do not stand in the way of an … Partnership Act, and the trial court appears to have framed a preliminary issue of law under Order 14 Rule 2, CPC, for decision as follows:Whether the proceedings regarding making the award rule of Court are maintainable as