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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 … exercised by it, but judicial power exercised by it encroaching upon the 79 judicial power of the State vested in a judicial tribunal as the

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

based on the Model Law adopted by UNCITRAL and also since the Act was intended to replace the Arbitration Act, 1940, Act 26 of 1996 had to deal both with domestic arbitrations as well as international commercial arbitrations. Consequently, … disputes arising from this agreement, its supplements and modifications shall be finally settled by arbitration according to the rules of the International Chamber of Commerce, Paris, then in effect. The arbitration will be held in Paris, France. … or at par (or subject to compliance with the provisions of Section 79 of the Act at a discount) and at such times as they

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226

Reported in : [2003]117CompCas660(P& H)

reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … Ltd. v. Unit Trust of India and Anr. (1995) 3 Comp LJ 79 (Bom) : AIR 1995 Bom 194, wherein, dealing with a controversy similar … having effect by virtue of any law other than this Act.(2) The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial Finance Corporation Act, 1948

Allahabad Development Authority and anr. Vs. Vidyawati Construction Co ...

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 9, 20, 21, 28, 30, 33 and 34; Limitation Act, 1963 - Sections 3 - Schedule - Article 137

Reported in : 2001(4)AWC2809; (2002)1UPLBEC300

dated 23.5.1997 as rule of Court and rejecting the objection of the appellants under Section 30/33 of the Arbitration Act, 1940 (in short the 'Act').2. The Allahabad Development Authority, Allahabad, appellant, framed a project for construction of multi-storied commercial

Municipal Corporation of Greater Bombay Vs. M/S. Ghanekar Construction ...

Court : Mumbai

Subject : Arbitration

Reported in : 1996(3)BomCR697; (1996)98BOMLR325

find no infirmity. 12. The ambit and scope of challenge to an award under Section 30 of the Arbitration Act, 1940 has now been laid down by the catena of decisions of the Supreme Court as also of our … terms of the said Award since the petition to set aside the same has been dismissed. 15. Under Rule 787(5) of the Rules of this court as applicable on its original side, this court on refusal to

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

Ramavtar S/O Kedarnath Gupta Vs. Ramgopal, Since Deceased Through L.Rs ...

Court : Madhya Pradesh

Subject : Arbitration

Acts : Specific Relief Act, 1963 - Sections 34; Registration Act, 1908 - Sections 49; Arbitration Act, 1940 - Sections 20

Reported in : AIR2003MP29; 2003(2)ARBLR87(MP); 2002(5)MPHT133

the approach of the learned first appellate Court in not testing the same award on the anvil of Arbitration Act 1940 has not been incorrect or improper. The Courts below have taken the award only as a piece of … appellant and his mother also. One of the arbitrators, Rantideo Singh had applied for making such award a rule of Court but on assurance of the appellant that he would comply with such award even otherwise, suit,

indrajit Singh and ors. Vs. Mirza JaliluddIn Baig and ors.

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 13, 28 and 30

Reported in : AIR1979Ori196; 48(1979)CLT389

K.B. Panda, J.1. These are two Miscellaneous Appeals under Section 39 of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act) against the judgment and decree of the Subordinate Judge, Cuttack dismissing Title … decree of the Subordinate Judge, Cuttack dismissing Title Suit No. 167 of 1975 by making the Award a Rule of the Court on 20-2-1979 in the circumstances stated hereunder.2. Syed Maqusud Ali, appellant in Misc. Appeal No.

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,

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 … arbitrator has allowed to the contractor escalation amount of Rs. 11,43,660.30 from 21.6.83 to 19.1.84 and Rs. 28,83, 792.71 for the period 20.1.84 to 24.6.85, but the District Judge disallowed escalation amount of Rs. 28,83, 792.71. Before