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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 … l was made by the Contractor for Rs. 1,82,16,939.00 which was later on revised and reduced to Rs. 72,98,439.00 This claim related to the original period of the Contract i.e., 21.6.1982 to 20.6.1985. The Corporation also made

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 It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … was not consciously determined.'12. Thus we have no difficulty in holding that as the question regarding applicability of Rule 72 of the Rules having not been even referred to, much less considered by this Court in the earlier

Union of India (Uoi) and anr. Vs. Owner and Parties Interested in Moto ...

Court : Gujarat

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) (Amendment) Act, 1973 - Sections 3; Foreign Awards (Recognition and Enforcement) Act, 1961; Sea Act, 1925; Sea Act, 1924; Parent Act - Sections 2 and 3; Arbitration (Protocol and Convention) Act, 1937; Arbitration (Protocol and Convention) Act, 1923; Carriage of Goods Act; Code of Civil Procedure (CPC), 1908 - Order 14 - Order 72, Rule 1(2); Arbitration (Amendment) Act, 1975 - Sections 1(1); Arbitration (Amendment) Act, 1950 - Sections 4(1); Arbitration Act, 1940 - Sections 34 and 35

Reported in : AIR1983Guj34; (1983)1GLR292

Section 3 are satisfied. Section 3 opens, with a non obstante clause that notwithstanding anything contained in the Arbitration Act, 1940 or in the Code of Civil Procedure, 1908 if any person to an agreement to which Article 2 … entered in the Commercial List. The Rules of. the Supreme Court. Order 72, Rule 1 (2) repeat the statement in paragraph 1 of the Notice … on Marjtime Law held at Brussels in October, 1922 to their respective Governments for the unification of certain rules relating to bills of lading on the basis of the draft convention agreed at the said conference. The

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 … Bom. L.R. 1033 and Chhabba Lal v. Kallu Lal [1946] A.I.R. P.C. 72 : s.c. 48 Bom. L.R. 452 referred to.;Musammat Har Naraini Kunwar v. … 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

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 … 1915; and also of the Governor-General, in cases of emergency under Section 72 of the Act, and may be in all respects amended and altered … 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.

Maheshwar Ferro Alloys (P) Ltd. Vs. Municipal Corporation of Delhi and ...

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1

Reported in : 1992(23)DRJ531

C.M. Nayar, J. (1) The petitioner has filed a petition under Section 20 of the Indian Arbitration Act, 1940, for directing the respondent Delhi Electric Supply Undertaking to file the original arbitration agreement in Court and for … accordance with the provisions of Arbitration Act, 1940. (2) The present application has been filed under Order 39 Rules 1 and 2 and Section 151 C..C. for ad interim stay of the impugned bill raised by the

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 … 1915 and also of the Governor-General in cases of emergency under Section 72 of that Act, and may be in all respects amended and altered … 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

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 … lie from the following orders under the provisions of Section 104, namely :-. ... ...'(j) an order under Rule 72 or Rule 92 of Order XXI setting aside or refusing to set aside a sale;''Order XLIX of the

Natvarlal Maganlal AmIn (Deed. Through His Heirs and Lrs.) and ors. Vs ...

Court : Gujarat

Subject : Arbitration

Reported in : (1985)1GLR533

defendant was that the award was not made the rule of the Court under the provisions of the Arbitration Act, 1940 and, therefore, the suit based on that award was barred by the provisions of Sections 31 to 33 … Kheda at Nadiad. The learned Extra Assistant Judge who heard the said appeal being Regular Civil Appeal No. 72 of 1977 raised four points for his determination, the first point being whether the plaintiff was entitled to

Gas Authority of India Ltd. Vs. Spie Capag, S.A. and Others

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 17, 32, 33, 34 and 202 - Schedule - Articles 1(2), 2, 3, 4, 5(1), 6, 7(1), 8(1), 9, 9.1 and 9.2, 10, 11, 12, 13(3), 14, 15 and 16 ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 1, 2, 3, 4, 5, 6, 7(1), 8, 9, 10 and 11; Companies Act, 1956; Foreign Arbitral Awards, 1927; Code of Civil Procedure (CPC), 1908; Arbitration Protocol and Convention Act, 1937; Arbitration (Amendment) Act, 1975

Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131

right to levy liquidated damages, Pursuant to this communication, GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as … Convention each high contracting State was required to recognise as binding and to enforce, in accordance with the rules of the procedure of its territory, arbitration award made in another contracting State pursuant to an agreement covered … of the place where contract is to be performed lex loci solutions. 72. Viewing from any angle the substantive law governing the contract including the