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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 … taking into account the said UNCITRAL Model Law and Rules. …………” 65 78. A perusal thereof would clearly reveal that the General Assembly of the

The Registrar, University of Pune Vs. Kelkar and Kelkar

Court : Mumbai

Subject : ArbitrationLimitation

Reported in : (1989)91BOMLR62; 1989MhLJ431

an application is duly made under Section 15, 16 or 30, as the case may be, of the Arbitration Act, 1940. There is no such mention in the notice served on the petitioner. The form is more or less … the Mysore High Court in Mohammed Esoof v. V.R. Subramanyam A.I.R.[1957] Mys 78.15. It was submitted by Mr. Akolkar that the Arbitration Act is, a … that the notice served on the petitioner was in conformity with the form prescribed under the High Court Rules and, therefore, no fault can be found with the notice by contending that it should have contained more

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 … 245 (A) and 'Bajanglal Ladhuram v. Ganesh Commercial Co. Ltd. 1953 Cal 78 (AIR V. 38) (B), rightly decided, in so far as it was … 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,

K.N. Khanna Vs. B.K. Khanna

Court : Delhi

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 18; ;Stamp Act

Reported in : 2000(55)DRJ544

Senior Advocate, Supreme Court and formerly the Solicitor General of India. Accordingly, an application under Section 21 of Arbitration Act, 1940 (1A 2020/78) was filed on 17-5-1978. By an order passed on 23-5-1978, subject matter of suit No. 878/76 … the application filed by K.N.Khanna were dismissed by order dated 15-4-1983. Award of Mr. C.K. Daphtary was made Rule of Court. A decree in terms of the award was passed. Award was to form part of the

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 … 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

Government of Kerala and anr. Vs. V.P. Jolly

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 16(1) and 30

Reported in : AIR1992Ker187

of Lyminglon M.R. in King v. Thomas Mckenna Ltd., (1991) 1 WLR 1234).8. It is true that the Arbitration Act, 1940 is an act to consolidate and amend the law relating to Arbitration. It is to be noted that … Kerala v. Poulose, (1988) I Ker LT 541 and State of Kerala v. Poulose, (1987) I Ker LT 781 which state that even non-speaking awrds are liable to be set aside if the award is contrary to

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

was dealing with the following set of facts: An award was made by an Umpire under the Indian Arbitration Act, 1940, which was filed in the Court. The appellant applied to set aside the Award, inter alia, contending that … commercial contract in which it is embedded. Under the Doctrine of Kompetenz-Kompetenz, the Arbitral Tribunal had competence to rule on its own jurisdiction, including objections with regard to the existence, validity and scope of the Arbitration Agreement. … Antique Art Exports (P) Ltd., (2019) 5 SCC362: (2019) 2 SCC (Civ) 785]., as Section 11(6-A) is confined to the examination of the existence of

Managing Director, the Nagarjuna Co-operative Sugars Limited Vs. T.K. ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14 and 14(1), 17, 21, 30, 35 and 39; Andhra Pradesh Arbitration (Amendment) Act, 1990; Code of Civil Procedure (CPC), 1908

Reported in : AIR1995AP365; 1995(2)ALT348

to the arbitrator for giving reasons. He submitted that by this amendment, Sections 14 and 17 of the Arbitration Act, 1940, (hereinafter referred to as 'the Central Act') have been amended and by this amendment, in Section 14 to … the sake of convenience, we are also extracting hereunder the arbitration clause 78 of the general conditions of the contract:--'Arbitration:-- In the event of any … the arbitrator filed O.P. No. 285 of 1986 in the same court for making the Award No. 1 rule of Court. The employer also filed O.P. No. 385/86 in the said court to set aside the said

Anandkumar Parmanand Kejriwala and anr. Vs. Kamaladevi Hiralal Kejriwa ...

Court : Mumbai

Subject : Arbitration

Acts : Indian Arbitration Act, 1940 - Sections 34 and 41; Code of Civil Procedure (CPC), 1908 - Sections 75, 76, 77, 78, 94, 95 and 141 - Order 39, Rule 2(2)

Reported in : AIR1971Bom231; (1969)71BOMLR801; ILR1971Bom264

filing affidavit or contesting interim order will debar defendant from obtaining reference to arbitration.;In Section 34 of the Arbitration Act, 1940, the word 'the' before the word 'proceedings' in connection with the steps indicate that the application must be … to supplemental proceedings. Incidental proceedings are dealt with in Sections 75 to 78 of the Code and the proceedings are called incidental for the simple … said boiler, pending the final disposal of notice of motion.' This is something in terms of Order 39, Rule 2 (2) of the Code of Civil Procedure, which gives the Court a discretion to impose condition before

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