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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 … perfectly clear if the first part of Section 48 is examined. ' 77. A bare perusal of the said judgment would clearly show that had … 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

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), … awards of Special Arbitration Tribunals are made “Rules of Court”, even where 77 they are affirmed by higher courts, cannot be regarded as that made … 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

Pandavpura Sahakari Sakkare Karkhane vs Sumac International Limited

Court : Karnataka

FOR SRI GAURAV G K, ADVOCATE) THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 39(1) (VI) OF THE ARBITRATION ACT, 1940 READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.02.2019 PASSED IN … - 2 Affidavit of Sri.A K Verma in support Page 1 to 77 of claimVolume - 3 Objection of Respondent Page 1 to 40 Volume … shall apply in relation to arbitral proceedings which commenced on or after this Act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant

Rayalaseema Bank Ltd. Vs. Tharigopala Pedda Narayanappa and anr.

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 39(1) and 39(2)

Reported in : AIR1961AP483

in AIR 1945 Mad 184 was followed. The learned Judges held that except under Section 39 of the Arbitration Act, 1940, no appeal lies against any order under the Act and to that extent the right of appeal given … Court provides for an appeal from the judgment of one Judge of the High Court Sub-rule (5) of Rule 2 of the Rules of the High Court of Andhra Pradesh (Appellate Jurisdiction) provides that'every appeal under Clause … of the Letters Patent against the decision of Sanjeevarao Naidu, J. L.P.A. 77/60 and L.P.A. 107/59 arise out of the learned Judge's decision in A.

Government of India Vs. Vedanta Limited (Formerly Cairn India Ltd.)

Court : Supreme Court of India

Subject : Land Acquisition

the Act, the Law of Arbitration in this country was substantially contained in three enactments namely (1) The Arbitration Act, 1940, (2) The Arbitration (Protocol and Convention) Act, 1937 and (3) The Foreign Awards (Recognition and Enforcement) Act, 1961. … by the Government to the Respondents-Claimants, raising a demand of US $ 77 million towards the Government’s share of Profit Petroleum under the PSC. The … that : “Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the

P. Radhakrishna Murthy Vs. N.B.C.C. Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15, 16, 17, 30, 33; Karnataka High Court Rules - Rule 7; Code of Civil Procedure (CPC) - Section 34

award of the Arbitrator, appellant had filed petition under Sections 15, 16, 17, 30 and 33 of the Arbitration Act, 1940 before the VIth Additional City Civil Judge, Bangalore, Karnataka against NBCC to modify the award. The said petition … was registered as Arbitration Case No.16 of 1989 subsequently converted into suit No.5 of 2000 as provided under Rule 7 of Karnataka High Court Rules framed under the Arbitration Act, 1940. In the proceedings, NBCC had also … months, that the contractor traveled to Delhi and other places incurring Rs. 77,000/- for obtaining release of Bill amounts from NBCC, that the contractor had

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15 to 17 and 30 to 33; ;Code of Civil Procedure (CPC)

Reported in : AIR1956Cal321,60CWN471

certain Division Benches, we referred to the decision of a Full Bench the following questions:1 Does the Indian Arbitration Act, 1940, distinguish between an application for setting aside an award and an application for the adjudgment of an award … clear and unambiguous term and at any rate one would have 'expected the legislature to enact such a rule in a separate clause'.Instead of that the Legislature in Section 33 specifically mentions questions relating to the existence,

Tamil Nadu Water Supply and Drainage Board (TWAD), Chennai Vs. The Pio ...

Court : Chennai

Subject : Arbitration

11. From a cumulative reading of the decisions referred to supra, it is made clear that as per Arbitration Act 1940, the Arbitrator is bound to perform his work within the frame of a contract and further he should … (Prayer: Original Side Appeals preferred under Order 36 Rule 1 of the Original Side Rules, read with Clause 15 of the Letters Patent against the order dated

Dilip Construction Company Vs. Hindustan Steel Ltd.

Court : Madhya Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2A, 20 and 20(4)

Reported in : AIR1973MP261

Sen, J.1. This is an appeal under Section 39(1)(vi) of the Arbitration Act, 1940, preferred by M/s. Dilip Construction Co. from an order of the District Judge, Durg at Rajnandgaon, setting aside … 14(2) of the Arbitration Act, for the filing of the award and to have the award made a rule of the Court. The learned District Judge directed the umpire to file the award. On the award being … of a dispute. (See Balmukund Ruia v. Gopiram Bhotica, 24 Cal WN 775 = (AIR 1920 Cal 808 (2)).11. The leading case on the subject

Union of India (Uoi) and ors. Vs. Shibboo Mal and Sons, Chandigarh and ...

Court : Punjab and Haryana

Subject : ContractArbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30, 33, 39 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 20; Contract Act, 1872 - Sections 4

Reported in : AIR1989P& H205

1st Class, Chandigarh, dated 28-4-1987 whereby he allowed the petition filed under Sections 14(2) and 17 of the Arbitration Act, 1940, by respondent No. 1. He made the award the rule of the Court and passed a decree in … usefully be made to State of Maharashtra v. Ranjeet Construction reported as AIR 1986 Bom 76 (at p. 77), where the learned Chief Justice held as under : --'That the tender was accepted by the Govt. and