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A.P. State Civil Supplies Corporation Ltd. Vs. Simhadripuram Co-operat ...

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 74 and 213; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 33; ;Arbitration Act, 1940 - Sections 34; Evidence Act, 1872 - Sections 65

Reported in : 2004(4)ALD220; 2004(4)ALT587; 2004(3)ARBLR34(AP)

learned Counsel Sri N. Subba Reddy appearing for the Corporation brought to my notice Section 34 of the Arbitration Act, 1940. Under Section 34 of the Act, if any party commences any legal proceedings without first approaching Arbitrator, the … He also brought to the notice of the Court that under Section 74 of Indian Contract Act, the Court is bound to award reasonable compensation … the first defendant-society, The second defendant i.e., the former President, in his written statement contended that as per Rule 31 of the bye-laws of the society (1) the Secretary or the Manager of the society shall be

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. 74. In Shah Babulal Khimji (supra), it is stated :Thus, a combined reading … 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

Y. Bhaskara Raju Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 8D(1), 11(6), 11(8), 23(1), 23(3) and 24; Indian Contract Act - Sections 74; Arbitration Act, 1940 - Sections 20; Limitation Act, 1963 - Schedule - Article 137; Income Tax Act, 1922 - Sections 67; Sale of Goods Act; Code of Civil Procedure (CPC) - Order 2, Rule 2; Andhra Pradesh Minor Mineral Concession Rules, 1966; Constitution of India - Article 226

Reported in : 2008(1)ALD612; 2008(3)ALT370

v. Gaur Harisinghania 2006 (3) SCJ 511, wherein the Apex Court, while dealing with Section 20 of the Arbitration Act, 1940 and Article 137 of the Limitation Act, 1963 observed that it is now well settled that Article 137 … contracts. Such deposits cannot be regarded as earnest money.46. Referring to Section 74 of the Indian Contract Act, it was observed:There is authority, no doubt … by limitation also cannot be sustained. Learned Counsel also would further contend that the principle underlying Order II Rule 2 of the Code of Civil Procedure, also cannot be applied in a matter of this nature. Learned

Agrawal Steels Vs. Grasim Industries Limited and anr.

Court : Madhya Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 9, 11, 11(6), 13, 13(5), 16, 16 (6), 31, 31 (7), 34, 34(1), 34(2) 34(3), 75, 81 and 96; ;Indian Electricity Act - Sections 26; ;Arbitration Act, 1940 - Sectons 30 and 33; ;Contract Act - Sections 73 and 74; Foreign Awards (Recognition and Enforcement) Act, 1961; Uncitral Model Law - Article 34

Reported in : AIR2005MP125; 2005(2)MPHT233

but we will be failing in our duty if we do not notice certain decisions rendered under the Arbitration Act, 1940 as they were cited before us. Sections 30 and 33 of the 1940 Act deal with the jurisdiction … as provided under Section 13(5); and(b) Section 16(6) of the Act. (Para 74) and again further held as follows :-- (1) Terms of the contract … Santa Sila Devi and Anr. v. Dhirendra Nath Sen and Ors. (AIR 1963 SC 1677), the Apex Court ruled that award given in writing by an arbitrator as to all disputes referred to him, there has to

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 … . There, this Court was confronted with the question, whether an award 74 made by an arbitrator which had become unenforceable for want of registration

Bhai Hospital Trust and ors. Vs. Parvinder Singh and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act - Sections 32; Companies Act; Code of Civil Procedure (CPC), 1908 - Sections 11; Indian Trust Act, 1882 - Sections 10, 12, 18, 31(2), 3247, 48, 71, 73, 74 and 131

Reported in : 2002IIIAD(Delhi)833; AIR2002Delhi311; 2002(3)ARBLR19(Delhi)

the aforesaid that the present suit was not maintainable and would be barred under Section 32 of the Arbitration Act, 1940 in as much as the prayers sought in the suit by the plaintiffs amount to contesting the award … author of the trust if he is alive could do it. Section 74 refers to cases where trustee could be appointed with the permission of … not been raised that the award has since been pronounced and that the same has been made a rule of the court and decree in terms of the same has been passed. The dispute obviously pertained to

Continental Construction Ltd. Vs. State of U.P.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 9, 30 and 33

Reported in : 2003(3)ARBLR320(SC); 2004(1)AWC23(SC); 97(2004)CLT273(SC); JT2003(Suppl2)SC410; 2004(1)MhLj1084; 2004MPLJ450(SC); 2003(8)SCALE14; (2003)8SCC4; [2003]48SCL312(SC)

before the Court of District Judge purported to be in terms of Sections 33 and 9 of the Arbitration Act, 1940 which was allowed. Being aggrieved by and dissatisfied with the judgment of the District Judge, the appellant filed … in relation to its claim for rockfill. The appellant therein filed applications for making the said awards as rule of the Court. Respondent, however, filed objections thereto in terms of Section 30 of the Arbitration Act, 1940.

Soorajmull Nagarmal Vs. Golden Fibre and Products

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Section 151 - Order 9, Rule 13 - Order 21; ;Arbitration Act, 1940 - Sections 14(2), 17 and 30; ;Limitation Act, 1963 - Section 5 - Schedule - Articles 119 and 158

Reported in : AIR1969Cal381

said award has been annexed to the petition and is Annexure 'D'. Notice under Section 14(2) of the Arbitration Act 1940 was served upon the parties. The petitioner was served with the said notice on September 21, 1968.3. Disputes … on the said award on November 25, 1968 was or was not an ex parte decree.8. Order 9, Rule 13 of the Civil P. C. enables the Court to set aside an ex parte decree, in the … = (AIR 1946 Cal 427). Motandas Torumal v. Wadhumal, AIR 1948 Sind 74).11. In the instant case notice under Section 14(2) was duly served. No

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 … claim of remote nature, which was not permissible under Section 73 & 74 of the Indian Contract Act, 1872. It was contended that after undertaking … 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

Power Grid Corporation of India Ltd., Vs. S and S Power Switchgear Ltd ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 39

1. This appeal is against the order passed in a petition filed under Section 30 of the Arbitration Act, 1940. The appellant was the petitioner in the Original Petition before the Principal Subordinate Judge, Vridhachalam, challenging the award … from that, she also referred to paragraph 68 of the Judgment on the aspect of Section 73 and 74 of the Indian Contract Act and submitted that the relief granted to the first respondent is totally against