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Akash Gupta Vs. Frankfinn Institute of Air Hostess Training and anr.

Court : Delhi

Subject : Civil

Acts : Delhi High Court Act, 1966 - Sections 7 and 10; Code of Civil Procedure (CPC) - Sections 52, 73, 104, 122 and 129 - Order 5, Rules 17, 19, 19A and 30 - Order 6, Rule 5 - Order 7, Rule 17 - Order 13, Rule 9 - Order 16 - Order 21, Rules 7, 11(3), 14, 17, 24, 25, 34, 50(2), 66 and 67 - Order 22 - Order 27, Rule 7 - Order 30, Rules 1 and 2 - Order 33, Rule 9 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 37 and 39; Arbitration and Conciliation Act, 1996 - Sections 11(6); Delhi High Court (Original Side) Rules, 1967 - Rules 3, 4 and 19

Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31

the case of the East India Hotel Ltd. and Vidyawati Construction Company (Supra) all relate to cases under Arbitration Act, 1940 or Arbitration and Conciliation Act, 1996. Both these Arbitration Acts are comprehensive enactments relating to Arbitration and also … in Court including uncontested applications to share the assess realised under Section 73 (29) Summoning witnesses and taking proceedings against them for failure to comply … the following questions of law to be answered by a larger bench:-1. Whether an appeal would lie under Rule 4 of the Rules against any order made by the Registrar under Rule 3 on an application/matter against

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Indian Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1), 8(3), 44 to 52 and 85; Foreign Awards Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34; Code of Civil Procedure (CPC) , 1908; High Court Ordinance - Sections 14; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Constitution of India - Article 227; Foreign Awards (Amendment) Act, 1973

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

suggest in the context of Section 3 of the Foreign Awards Act, 1961 ('Foreign Awards Act') and the Arbitration Act, 1940, that the court must be fully satisfied that the arbitration agreement exists before granting stay of the proceedings. … the view that Section 45 does not require a final determinative finding by the Court. First, under the Rules of Arbitration of the International Chamber of Commerce (as in force with effect from 1.1.1998), as in the … the tribunal. A party may lose the right to object (see Section 73).(2) An application under this section shall not be considered unless -(a) it

Dr. Ramesh C. Vaish and ors. Vs. Banwarilal Jaipuria and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 47, 96 and 104; ;Arbitration Act, 1940 - Sections 2 and 30

Reported in : 2000(1)ARBLR241(Cal)

jurisdiction under Section 34 of the Specific Relief Act and no such power having been conferred under the Arbitration Act, 1940, the arbitrator cannot make any declaratory award and, thus, award made by arbitrator should be treated to be … under Order 43, Rule 1. A determination, under Order 21, Rule 34, 73, 92 or 106 (1) is appealable under Order 43, Rule 1 read … ground that the same being not a registered one was illegal and, thus, could not be made a rule of Court. In the said objection misconduct on the part of the Arbitrator had also been alleged. By

Delhi Development Authority Vs. Polo Singh and Co.

Court : Delhi

Subject : ContractArbitration

Acts : Arbitration Act - Sections 14, 17, 29, 30 and 33; ;Indian Contract Act, 1872 - Sections 73 and 74

Reported in : 2003(1)ARBLR270(Delhi); 101(2002)DLT401; 2003(66)DRJ132

'Joginder Pal Mohinder Pal' (supra), the Supreme Court in the context of Sections 30 & 33 of the Arbitration Act, 1940, while dealing with the grounds on which an award can be set aside held:'It is necessary to find … was a claim of remote nature, which was not permissible under Section 73 & 74 of the Indian Contract Act, 1872. It was contended that … and judgment dated 21.3.2001 of the learned Single Judge dismissing appellant's objections and making the award dated 4.3.1998 rule of the Court, the appellant preferred instant appeal seeking reversal thereof.2. First, a resume of fact--The respondent/claimant was

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

Subject : Land Acquisition

January, 1981. (2) Words and expressions used but not defined in this Act and defined in (a) the Arbitration Act, 1940 (Central Act 10 of 1940); or (b) the Arbitration and Conciliation. Act, 1996 (Central Act 26 of 1996), … taking into 13 account the United Nations Commission on International Trade Law (for short “UNCITRAL”) Model Law and Rules. The 1996 Act was enacted with the clear intention of harmonizing concepts on arbitration and conciliation of different … Union is coextensive with the legislative power of the Parliament under Article 73(1)(b) of the Constitution of India. As such, the 1996 Act is enacted

Pradeep Anand Vs. I.T.C. Ltd. and ors.

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Companies Act, 1956 - Sections 17, 18, 30, 31, 33, 34 and 39; Conciliation and Arbitration of the International Chamber of Commerce Rules; Indian Specific Relief Act, 1963 - Sections 21(2); Contract Act, 1872 - Sections 73; Arbitration Act, 1940 - Sections 14; Code of Civil Procedure (CPC) - Order 23, Rule 1

Reported in : AIR2002SC2799; 2002(5)ALD33(SC); 2002(2)ARBLR626(SC); 98(2002)DLT781(SC); JT2002(5)SC518; 2002(5)SCALE363; (2002)6SCC437; 2002(2)LC1165(SC)

Ltd. (respondent No. 1 herein) filed a suit, Suit No. 1084-A of 1998 under Section 14 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for a direction to the arbitrator (respondent No. 5herein) and ICC (respondent … Clause (b) thereof provided that: 'Any unresolved dispute arising inconnection with this Agreement shall be settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordancewith … under thissection, the court shall be guided by theprinciples specified in Section 73 of theIndian Contract Act 1872 (9 of 1872). (5)50.13.3 And Section 73

Hsbc Pi Holdings (Mauritius) Limited Vs. Avitel Post Studioz Limited a ...

Court : Mumbai

Subject : Land Acquisition

Court at Bombay a petition praying that the second respondent be directed, under Section 14 of the Indian Arbitration Act, 1940, to file the award in that court. The first respondent submitted that the award was invalid, unenforceable and … resolved by binding arbitration at the Singapore International Arbitration Centre ("SIAC") in accordance with the Singapore International Arbitration Rules in force at the date of this Agreement ("Rules"), which Rules are deemed to be incorporated by reference … Private Limited vs. Pharmaceutical Company of India reported in 1977 (80) Bom.L.R. 73 in support of his submission that issue of arbitrability and jurisdiction raised

Chandrabhaga Sadashiv and anr. Vs. Bhikachand Hansaji

Court : Mumbai

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9; Arbitration Act, 1940 - Sections 11, 14, 15, 16, 17, 31, 32 and 33; Registration Act - Sections 14(1) and 40

Reported in : AIR1959Bom549; (1959)61BOMLR364; ILR1959Bom838

one, that the suit was not maintainable in view of Sections 31, 32 and 33 of the Indian Arbitration Act 1940 as there was a previous arbitration. 2. The trial Judge raised a preliminary issue and held that the … the case of Muhammad Newaz Kahn v. Alim Khan, 18 Ind. App. 73, that if an award is a legally valid award then it would … this is what Mr. Justice Mookerjee has observed: 'To put the matter in another way, as an ordinary rule, a valid award operates to merge and extinguish all claims embraced in the submission, and after it was

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 … or for any other reason or any account or any ground whatsoever.Clause 73 of the agreement dated 14.5.81 provided for settlement of disputes and difference … 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

Sh. Madan Lamba Vs. Shri Jagdish Lamba and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2; Arbitration Act, 1940 - Sections 8, 8(1), 14(2), 28 and 33; Registration Act - Sections 17; Indian Registration Act, 1866; Indian Registration (Amendment) Act, 1871; Indian Registration (Amendment) Act, 1877

Reported in : 2002(63)DRJ732

on receipt of notices of the awards dated 25.10.1986the objectors filed an application under Section 14(2) of the Arbitration Act, 1940( in short the 'Act') to file awardsin this court and telegram was given to the Arbitrators to this … because conduct of the petitioners/objects precludes them from raising such an objection. 73. In my view therecan be no better case of exercising discretion for … come withinthe meaning of 'written agreement' as the said awardhas till date not been sought to be made rule of the Court. . In support of the proposition that in the absence of written agreement any award