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G.S. Atwal and Co. and ors. Vs. Rajasthan State Mineral Development Co ...

Court : Rajasthan

Subject : Arbitration

Reported in : 1994(1)WLN194

make them as Rule of the Court. The Contractor also filed separate applications Under Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') to make the Awards as Rule of the Court. Objections were filed … made on behalf of the contract as recorded in the order-sheets.:--------------------------------------------------------------------------------(i) Order-sheet dated 26.4.1989 (further amount paid Rs. 71,874.50towards income-tax on behalf of the contractor).--------------------------------------------------------------------------------(ii) Order-sheet dated 26.4.1989 (as price of explosives Rs. 1,11,619.50used by the contractor

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 … financial year falling within a specified period called the basic period. Instruction 71 of the Instructions provided for division of quota rights of a firm … estimates of the payments to be made to Forasol in French Francs under the said contract, the invoicing rules and the mode of payment. Articles X-2, X-3 and. X-4 of the said contract set out such estimates,

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 4, 4(1), 31, 34, 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 104A and 141 - Order 9 - Order 16 - Order 18 - Order 21 - Order 43, Rule 1; Code of Civil Procedure (CPC) , 1877 - Sections 588; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1859; Code of Civil Procedure (CPC) , 1882 - Sections 588, 638 and 652; Motor Vehicles Act, 1988 - Sections 140, 173 and 173(2); Workmen's Compensation Act, 1923 - Sections 4A, 12(2), 19, 23, 27 and 30; Land Acquisition Act, 1894 - Sections 54; Government of India Act, 1915 - Sections 71, 72, 107 and 108; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Arbitration Act, 1940 - Sections 39,

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

and above, the one under which, the original proceedings, arise. For instance, the Central Excise Act and the Arbitration Act, 1940 prescribe the procedure governing the original proceedings, the manner in which it can be taken to High Court … in Legislative Council, and also of the Governor-General in Council under Section 71 of the Government of India Act, 1915; and also of the Governor-General, … of the Letters Patent, 1865, empowered the High Court of Judicature at Fort William in Bengal to make rules and orders for the purpose of regulating all proceedings in civil cases brought before the said High Court.

Bhakti Hari Nayak and ors. Vs. Vidyawati Gupta, S.C. Agarwala (Huf) an ... Overruled

Court : Kolkata

Subject : Civil

Acts : Arbitration and Conciliation Act - Section 8; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(16), 26, 26(2), 99 and 129 - Order 4, Rules 1, 2 and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9 and 11 - Order 9, Rule 5 - Order 14, Rule 3 - Order 47, Rule 5 - Order 49, Rule 3; ;Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 26, 32, 32(1) and 32(2); ;Government of India Act, 1915 - Section 71 and 72; ;Arbitration Act, 1940 - Sections 37 and 39(1); ;Land Acquisition Act - Section 54; ;Calcutta Improvement Trust Act - Section 71; ;Indian Penal Code (IPC) - Section 21; ;Criminal Law (Amendment) Act, 1958; ;Punjab Alienation of Land Act; ;Prevention of Corruption Act, 1947; ;Anti Corruption Laws (Amendment) Act, 1964; ;Calcutta High Court Original Side Rules - Rule 1; ;P

Reported in : AIR2005Cal145,2005(2)CHN575

the cases specified, from one Judge to another Judge, was expressly granted.37. But, under Section 39(1) of the Arbitration Act, 1940, an appeal lies only from the orders specified in that sub-section and from no other order. Thus the … a plaint or in such a manner as may be prescribed. The word 'prescribed' means as prescribed by rules [see Section 2 Sub-section (16) of the Code].8. There has also been an amendment of Order 4 of … of the multi-storeyed building situated at 33, Jawaharlal Nehru Road, Calcutta - 71.3. Before this Court the matter was initially argued on merits by the

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 … in Legislative Council, and also of the Governor-General in Council under Section 71 of the Government of India Act, 1915; and also of the Governor-General, … 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

Jindal Exports Ltd. Vs. Fuerst Day Lawson

Court : Delhi

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 37, 44, 45, 47 and 50; ;Delhi High Court Act, 1966 - Sections 5, 5(2) and 10; ;Government of India Act, 1915 - Sections 71, 107 and 108; ;Arbitration Act, 1940 - Sections 16, 34, 39, 39(1) and 39(2); ;Motor Vehicles Act - Section 140; ;Land Acquisition Act - Section 54; ;Code of Civil Procedure (CPC) - Sections 4, 104 and 104(2) - Order 43, Rule 1; ;Succession Act - Section 299

the Subordinate Judge, First Class, Delhi declined to set aside an award passed under the provisions of the Arbitration Act, 1940. An appeal against that order was allowed by a learned Single Judge and the award was set aside. … in Legislative Council, and also of the Governor-General in Council under Section 71 of the Government of India Act, 1915 and also of the Governor-General … Sorabjee that there is no inconsistency between the letters patent jurisdiction and Section 104 read with Order 43 Rule 1 of the Code of 1908.7. Therefore, four 'categories' of appeals lie to the Delhi High Court.a. Firstly,

Mahanagar Telephone Nigam Ltd. Vs. Unibros and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30, 33, 39 and 39(1); Code of Civil Procedure (CPC) - Sections 104 - Order 43, Rule 1; High Court Act, 1966 - Sections 10(1); Arbitration and Conciliation Act, 1996 - Sections 10, 10(1) and 34

Reported in : 156(2009)DLT774

Manmohan, J.1. The present appeal has been filed under Section 39 of the Indian Arbitration Act, 1940 for setting aside the judgment and order dated 5th May, 2003 passed by learned Single Judge in Suit … 10(1) of the Act of 1966 will lie only against orders mentioned in Section 104 read Order 43, Rule 1 of the Code of Civil Procedure (hereinafter called the Code). The contention therefore that Section 10(1) of … Financial Services Ltd. v. Haryana Petrochemicals Ltd. and Anr. in FAO(OS) No. 71/2006 and Shyam Telecom Ltd. v. A.R.M. Ltd. in FAO(OS) No. 198/2004 came

South Asia Industries Private Ltd. Vs. S.B. Sarup Singh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Delhi Rent Control Act, 1958 - Sections 14, 39, 39(1) and 43; Government of India Act, 1915 - Sections 13, 107, 108 and 180; Trade Marks Act, 1940 - Sections 76 and 76(1); Provincial Insolvency Act, 1920 - Sections 4(2) and 75(2); Code of Civil Procedure (CPC), 1908; Calcutta Improvement Act, 1911 - Sections 71; Arbitration Act, 1940 - Sections 39(2); Constitution of India - Article 133(1)

Reported in : AIR1965SC1442; [1965]2SCR756

of india (UOI) v. Mohindra Supply Company : [1962]3SCR497 considered the question whether section 39(2) of the India Arbitration Act, 1940, has taken away the right of appeal under the Letters Patent. Section 39(2) of the said Act reads … the expression was intended to exclude any further appeal. There, under section 71 of the Calcutta Improvement Act, 1911, a limited right of appeal to … appeal. Under section 108 of the Government of India Act, 1915, the High Court may by its own rules provide, as it thinks fit, for the exercise by one or more Judges or by a Division Court

M/S Arif Azim Co. Ltd. versus M/S Micromax Informatics Fze

Court : Supreme Court of India

Subject : Arbitration

Reported in : [2024]11S.C.R.1142; (2025) 9 SCC 750

Commercial Arbitration. List of Acts Arbitration and Conciliation Act, 1996; Arbitration (Protocol and Convention) Act, 1937; Geneva Convention, Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; UNCITRAL Model Law and Rules; UAE Arbitration and Conciliation Rules. [2024] … Principle - The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract - Even if the law governing the contract has … the law governing the arbitration agreement are the laws of India. [Para 71(i)] Arbitration and Conciliation Act, 1996 - Part-I - Arbitration agreements executed after

Hardayal Singh Vs. Joginder Singh and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 6(3), 10(1), 11(6) and 39; Delhi High Court Act - Sections 10; Arbitration Act, 1940 - Sections 17 ad 39; Specific Relief Act, 1963 - Sections 6 and 6(3); Government of India Act - Sections 107 and 108; Delhi High Court Act, 1966 - Sections 10 and 10(1); Code of Civil Procedure (CPC) - Sections 4, 104, 104(1) and 104(2) - Order 9, Rule 13 - Order 43, Rule 1; Land Acquisition Act; Guardians and Wards Act; Succession Act; Motor Vehicles Act - Sections 140; Constitution of India - Article 136

Reported in : 156(2009)DLT28

the Award was liable to be set aside. He submitted that the mandate of Section 17 of the Arbitration Act, 1940 had not been followed by learned Single Judge before making the Award Rule of the Court.3. At the … recently in the cases of Canbank Financial Services Ltd. v. Haryana Petrochemicals Ltd. and Anr. in FAO(OS) No. 71/2006 decided on 20th May, 2008 as well as in the case of Shyam Telecom Ltd. v. A.R.M. Ltd.