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Ghaziabad Development Authority, Ghaziabad and Others Vs. S.K. Gupta a ...

Court : Allahabad

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 21, 32 (1), 34, 34 (2), 35, 36, 75, 81, 85 (1) and (2); Arbitration Act, 1940 - Sections 8, 14, 14 (2), 15, 16, 17, 20, 30, 33 and 37; Code of Civil Procedure (CPC), 1908 - Sections 115; Indian Limitation Act, 1908 - Schedule - Article 158; Indian Limitation Act, 1963 - Article 119

Reported in : 2000(2)AWC1037

the revisionists did not file any objection against the awards under Sections 15, 16 and 33 of the Arbitration Act, 1940. It further appears that after expiry of the time for filing objections, the opposite parties filed two execution … objection was raised on behalf of the revisionists that the execution cannot proceed unless the award is made rule of the Court and a decree is passed under Section 17 of the Indian Arbliration Act. 1940. It … or affected by fraud or corruption or was in violation of Section 75 or Section 81.(3) An application for setting aside may not be made

Shroff Brothers Vs. Bisheswar Dayal Meatle

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 34

Reported in : AIR1974Cal352

2241 of 1969 (Bisheswar Daya) Meatle v. Shroff Brothers) and all proceedings thereunder under Section 34 of the Arbitration Act, 1940.2. The facts of the case briefly are: That the petitioner is a member of the Calcutta Stock Exchange … commencement of the suit (See Union of India v. Promode Kumar, (1971) 75 Cal WN 767).7. It is also clear, at least no averment appears … entered into a series of transactions with the petitioner for purchases and sales of stocks subject to the rules and bye-laws of the Calcutta Stock Exchange Association Ltd. It is alleged in the plaint filed by the

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 … any further.  UNCITRAL MODEL LAW ­ A DECISION OR RECOMMENDATION?. :63. 75. That leaves us to consider the contention on behalf of the respondents

M. Paramasivam Vs. Food Corporation of India, Nellore

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 73; Arbitration Act, 1940 - Sections 29 and 30; Code of Civil Procedure (CPC), 1908 - Sections 34; Interest Act, 1978 - Sections 1, 2, 3 and 6; Negotiable Instruments Act - Sections 30 and 80; Sale of Goods Act - Sections 61(2); Interest Act, 1839 - Sections 1; Constitution of India - Articles 141

Reported in : AIR1989AP124

of India v. S.D.M. Transport, : [1988]2SCR329 , regarding grant of interest by an Arbitrator under the Indian Arbitration Act 1940, both prior to the commencement of the arbitration proceedings and during the pendency of the proceedings before him.2. … award on 19-6-1981. O.P. No. 71/81 has been filed by the Food Corporation for making the award a rule of Court for a sum of Rs. 18.285-75 with interest at 18% P.A. from the date of award

M.M.T.C. Through Its General Manager Vs. Vicnivass Agency Through Its ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34, 34(1), 34(2), 34(3), 34(4), 75 and 81; Right to Information Act (RTI); Arbitration Act, 1950 - Sections 22; (English) Arbitration Act, 1996; Arbitration Act, 1940 - Sections 14, 14(2), 15, 16, 16(1), 17 and 30; Code of Civil Procedure (CPC) - Sections 107(1) - Order 41, Rules 23 to 25 and 27

Reported in : (2009)1MLJ199

Arbitration Act, has made a complete departure from the provision for remand contained in Section 16 of the Arbitration Act, 1940; and(ii) that the scope of Section 34(4) of the 1996 Act, does not appear to have come up … or affected by fraud or corruption or was in violation of Section 75 or Section 81.(3) An application for setting aside may not be made … be equated to an appeal under Order XLI of the Code of Civil Procedure so as to invoke Rule 27 of Order XLI. Therefore under normal circumstances, it is not possible to allow a party to rely

State of Goa Vs. Western Builders

Court : Supreme Court of India

Subject : ArbitrationLimitation

Acts : Limitation Act, 1963 - Sections 4 to 24, 29(2), 33, 34, 34(1), 34(2), 34(3), 75 and 81; Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8(1), 9, 11, 11(4), 11(6), 11(9), 14(3), 27, 29, 34, 34(2), 34(3), 36, 37, 37(1), 39(2), 39(4), 41, 41(2), 42, 43 and 46; Arbitration Act, 1940 - Sections 30 and 33; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 2; Crminal Procedure Code

Reported in : AIR2006SC2525; 2006(3)ARBLR1(SC); 2006(4)AWC3346(SC); 2006(6)BomCR119; [2006(3)JCR257(SC)]; JT2006(6)SC125; 2006(6)MhLj737; (2006)3MLJ97(SC); 2007MPLJ7(SC); 2006(6)SCALE574

award, a petition was filed before Civil Court, Civil Judge, Margao under Sections 30 and 33 of the Arbitration Act, 1940 for making rule of the Court. Objection was raised that since The Arbitration and Conciliation Act, 1996 (hereinafter … to a sum of Rs. 89763/- and he further directed the State to pay simple interest on Rs. 75553/- from 4th January, 1993 at the rate of 15% per annum. This interest was payable till the date

Brick Steel Enterprises, a Registered Partnership Firm Rep. by Its Man ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 33, 34, 34(1), 34(2), 34(3), 48, 75 and 81; Code of Civil Procedure (CPC) - Sections 151 - Order 7, Rule 14 - Order 38, Rule 5 - Order 39, Rules 1 and 2 - Order 47, Rule 27; Arbitration Act, 1940 - Sections 18

Reported in : 2006(5)CTC519; (2007)1MLJ488

form as contemplated either under Order 38, Rule 5 of the C.P.C. or under Section 18 of the Arbitration Act, 1940, there is no need to make such averment in the affidavit filed in support of the application seeking … the making of the award was induced or affected fraud or corruption or was in violation of Section 75 or Section 81. (3) An application for setting aside may not be made after three months have elapsed

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

and the Acts amending the same. 10. The Specific Relief Act, 1877 (I of 1877). 11. The Indian Arbitration Act, 1940 (X of 1940). 12. The Indian Stamp Act, 1899 (II of 1899 and the Acts amending the same. … letters of administration not falling under clause (1) the fee payable is 75 np. if the value of the estate does not exceed Us. 1000/- … 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought to prove the writing propounded

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 … or affected by fraud or corruption or was in violation of section 75 or section 81.(3) An application for setting aside may not be made

Babulal Singhania Vs. Pirudan Ojha

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 34; ;Code of Civil Procedure (CPC) , 1908 - Section 115

Reported in : AIR1977Cal503

know of the same appeared in the said suit and filed an application under Section 34 of the Arbitration Act, 1940 for stay of further proceedings of the said suit and for referring the disputes to Arbitration in accordance … B.C. Ray, J.1. These two Rules arise out of two orders passed in Misc. Appeal No. 35 of 1:975 and Title Suit No. 22