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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 It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … apply to an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 … Con. Act should be ignored wherever the New York Convention is applicable.Section 70, so far as is relevant, says 'the provisions of the Factories Act

Lamba Steel and Alloys Pvt. Ltd. Vs. Municipal Corporation of Delhi (D ...

Court : Delhi

Subject : Arbitration

Reported in : ILR1994Delhi495; (1994)108PLR56

Delhi through General Manager Delhi Electric Supply Undertaking (hereinafter referred to as 'DESU') under Section 20 of the Arbitration Act, 1940 and in this petition, the petitioner has prayed for referring the following disputes to the arbitration in terms … read with Section 379 of the Indian Penal Code and for further disconnection of electricity supply as per rules be taken after taking approval from the competent authority. It was also recommended that further action for levy

Bombay Stock Exchange Vs. Jaya I. Shah and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Interpretation of Securities Contract (Regulation) Act, 1956 - Sections 3, 4, 4(1), 9, 9(2) and 9(3); Interpretation of Securities Contract (Regulation) Rules - Rules 5, 6, 7, 9, 10, 11, 16, 18, 36, 43, 44, 53, 54, 54A, 56, 57, 62 and 70; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Stock Exchange Rules, Bye-Laws and Regulations, 1957 - Rule 170; Arbitration Act, 1940; Arbitration and Conciliation Act, 1996

Reported in : AIR2004SC55; I(2004)BC351(SC); [2003]117CompCas595(SC); (2004)1CompLJ1(SC); (2003)185CTR(SC)36; JT2003(8)SC365; 2003(8)SCALE702; (2004)1SCC160; [2003]47SCL776(SC); 2004(1)U

to a contract, such arbitration is governed by the provisions of the law of the country, namely, the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1998, as the case may be. For the said reasons, only Bye-law … right of membership shall lapse to and vest in the Exchange immediately he is declared a defaulter.' 33. Rule 70 reads as under:FAILURE TO PAY SUBSCRIPTION AND OTHERF FEES'70. Save as otherwise provided in the Rules, Bye-laws and

Food Corporation of India and ors. Vs. Gopal Chandra Mukherjee

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14(2), 16, 17, 30 and 40; ;Indian Contract Act, 1872 - Section 70; ;Limitation Act, 1963 - Section 3

Reported in : (2003)3CALLT10(HC)

the parties, was made rule of the Court after rejecting the appellants' application under Section 30 of the Arbitration Act, 1940 (1940 Act), by a judgment dated 10th of May, 2000 passed in T.S. No. 74 of 1987 by … by the terms of the agreement. Those claims arising after 2nd January, 1992 would be governed by Section 70 of the Contract Act without being confined to the terms of the agreement. If 6th September, 1993, the

The Continental Construction Company (incorporated Under the Indian Co ...

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Andhra Pradesh Minor, Mineral Concessions Rules - Rule 5(1); Indian Arbitration Act, 1940 - Sections 16, 30 and 39; Mines Act, 1952 - Sections 2(1)(L); Contract Act - Sections 70

Reported in : 2008(4)ALD95; 2008(4)ALT209

B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 39 of the Indian Arbitration Act, 1940 questioning the order dated 5.1.20.00 passed in O.P.No.14 of 1990 on the file of 1st Additional Senior Civil … the ground that the arbitrator acted contrary to the provisions of Section 70 of the Contract Act. In the third cited decision, the Supreme Court … were in progress, demand notices came to be issued by District Revenue Officer under A.P. Minor, Mineral Concessions Rules demanding seigniorage fee. District Collector, Visakhapatnam attached the dumpers of the contractor. Thereupon, the contractor filed W.P.No.3386 of

V.K. Dewan and Co. Vs. Municipal Corporation of Delhi and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 and 33

Reported in : 1999VAD(Delhi)671; 81(1999)DLT299

under Order XII Rule 6 CPC. 2. Petitioner filed a petition under Sections 14 and 17 of the Arbitration Act, 1940, which was registered as a suit, for filing of the award dated 26.4.1996 made and published by Sh. … of the award. In claim No. 3, the Arbitrator had rejected the claim of the petitioner for Rs 70,650/- on account of cost of stores, machinery, tools/plants and temporary structures, which were alleged to have been taken

i.T.C. Ltd. Vs. George Joseph Fernandez and anr.

Court : Kolkata

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Section 34; ;Imports and Exports (Control) Act, 1947 - Section 5; ;Limitation Act, 1963 - Section 14

Reported in : AIR1982Cal440

this Agreement, shall be referred to arbitration in accordance with and subject to the provision of the Indian Arbitration Act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of Arbitration … ambit of the arbitration clause. In so far as claim under Section 70 of the Contract Act, the transactions out of which the claim arose … licence shall also be subject to the conditions mentioned in APP 31 to the ITC Hand Book of Rules and Procedure 1970.'Clauses 4 and 5 are also not relevant for our present purpose. The Code of export

Ram Kumar Pathak Vs. Krishna NaraIn Pathak and ors.

Court : Allahabad

Subject : ArbitrationCivil

Acts : Arbitration Act, 1996 - Sections 21, 85 and 85(2); Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151 - Order 9, Rule 13; Uttar Pradesh Civil Laws (Amendment) Act, 1991; Arbitration Act, 1940; Constitution of India - Article 226

Reported in : 2005(1)AWC718

pleadings of the parties as discussed by the trial court as well as the revisional court that the Arbitration Act, 1940, has been repealed by Arbitration Act, 1996, with effect from 25th January, 1996, when the Arbitration Act, 1996, … has arisen are that Krishna Narain Pathak filed an application purported to be an application under Order IX. Rule 13, read with Section 151 of the Code of Civil Procedure with the prayer that the award of

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 … further appeal would lie to the Division Bench under the Letters Patent...' 70. The Court referred with approval the decisions of Mathura Sundari Dassi v. … 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

Jyotsna K. Valia Vs. T.S. Parekh and Co.

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 2, 2(1), 7, 9, 10, 25, 25(3) and 70; Limitation Act - Sections 18 and 19; Bombay Stamp Act, 1958 - Sections 33, 34 and 37; Indian Stamp Act, 1899 - Sections 35; Central Sales Tax Act; Arbitration Act, 1940 - Sections 2; Sale of Goods Act; Marine Insurance Act; Specific Relief Act; Limitation Act, 1908 - Sections 19 - Schedule - Article 64; Code of Civil Procedure (CPC) , 1908 - Order 37, Rules 1, 2 and 2(2)

Reported in : 2007(4)ALLMR718; 2007(3)BomCR772; 2007(4)CTC257; 2007(4)MhLj517; 2007(5)AIRKarR180; AIR2007NOC2237(FB)(Bom)

indisputable. In Jugal Kishore Rameshwardas v. Mrs. Goolbai Hormusji : [1955]2SCR857 , while construing Section 2(a) of the Arbitration Act, 1940, the Supreme Court observed that it is well settled law that to constitute an arbitration agreement in writing … facts there, the Court noted that the suit was based on Section 70 of the Contract Act. The Court recorded a finding, that the nature … Full Bench. The issues which arise for our consideration and as referred to us, arise under Order XXXVII, Rule 2 (Summary Suit), in cases where the suit is based : i) On a settled account duly confirmed