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Tamil Nadu Water Supply and Drainage Board and anr. Vs. V.N.V. Constru ...
Chennai
Apr-09-2008
Arbitration
Arbitration Act, 1940 - Sections 8(2), 14(2), 17, 20, 28, 30, 31, 33, 37 and 37(3); Tamil Nadu Water Supply and Drainage Board Act, 1970 - Sections 17 and 56; Limitation Act, 1908; Limitation Act (Amendment), 1963 - Sections 18; O.S. Rules - Order 43 Rules 1, 2, 6 and 7
2008(4)ARBLR604(Madras)
in Transfer OP No. 450 of 2006 under Sections 30 and 33 read with Section 31 of the Arbitration Act, 1940 and Order 43 Rules 1, 2, 6 and 7 of the O.S. Rules to set aside the said … of the learned Counsel appearing for the petitioners that the award was passed beyond the period prescribed under Schedule I to the Act, namely, four months from the date of entering into the reference, as rightly contended … amount as per the final bill. He also addressed a letter dated 03.10.1994 to the Superintending Engineer for taking further action. Since there was no
Tag this Judgment! AI Brief & AskState of Kerala and anr. Vs. V.M. Kuriakose and ors.
Kerala
Aug-14-2002
Arbitration
Arbitration Act, 1940 - Sections 17, 39 and 39(1)
2005(1)ARBLR133(Kerala)
132/88 of Sub-Court, Kollam. Arbitration O.P. 132/88 was filed by the claimant under Section 17 of the Indian Arbitration Act, 1940 for passing judgment and decree in accordance with the arbitration award passed by the sole arbitrator on 29.09.1998 … 39 of the Act and also seeking to set aside the award dated 26.09.1998 paying Court fee under Schedule II, Article 4 of the Kerala Court Fees Act. No appeal has been preferred against the order dated … CH. 975 to 2000 M. including C.D. works. Contract agreement was dated 03.01.1984. Superintending Engineer (Retired) was appointed as the sole arbitrator. After considering all
Tag this Judgment! AI Brief & AskNtpc Ltd. Vs. M/s. Deconar Services Pvt. Ltd.
Supreme Court of India
Mar-04-2021
Arbitration
the present appellant against the dismissal of their objections to an award passed by the Arbitrator under the Arbitration Act, 1940. 22. A conspectus of the facts necessary for the disposal of the present appeal is as follows: the … the rebate agreed upon by the parties, the grant of escalation of charges for work done beyond the scheduled period and the costs imposed on the appellant by all three forums below. Although the first issue of
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Krishna Devi @ Sabitri Devi (Rani) M/S S.R. Engineering Construction v ...
Supreme Court of India
Jan-03-2025
Arbitration
[2025]1S.C.R.81
Narasimha* and Sandeep Mehta, JJ.] Issue for Consideration Whether the time for filing an application under Section 17, Arbitration Act, 1940 commences when the party seeking to challenge the award receives a formal notice of the making of the … and filed - Judgment in terms of award - Limitation Act, 1963 - Article 119(b) of the First Schedule - 30 days period for filing objections to the award - Start of limitation, when - Appellant filed … v. Union of India & Ors. (Civil Appeal No. 47 of 2025) 03 January 2025 [Pamidighantam Sri Narasimha* and Sandeep Mehta, JJ.] Issue for Consideration
Tag this Judgment! AI Brief & AskHemant Jalan and anr. Vs. Om Prakash Jalan and 3 ors.
Andhra Pradesh
Sep-19-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 13, 16, 33, 33(3), 34, 34(1), 34(2), 34(3), 34(4), 35, 36, 37, 75 and 81; Arbitration Act, 1940 - Sections 30 and 39; English Arbitration Act, 1996 - Sections 58(1); Indian Contract Act, 1872; Interest Act, 1978; Code of Civil Procedure (CPC) , 1908; Arbitration Rules - Rule 7
2010(1)ALT297
the parties thereto.25. Section 35 deals with finality of arbitral awards, which substantially corresponds to Rule 7 of Schedule I to the Act of 1940; (2) Section 58(1) of English Arbitration Act, 1996 and (3) Article 31(1) … Road Transport Corporation (2 supra) the Supreme Court was dealing with appellate powers under Section 39 of the Arbitration Act, 1940, where the award passed by the arbitrator was made rule of court by the District Judge, which was
Tag this Judgment! AI Brief & AskJakson Engineers Pvt. Ltd. Vs. Delhi Development Authority and ors.
Delhi
Sep-12-2003
Property
Arbitration Act, 1940 - Sections 20 and 38; Indian Contract Act, 1872 - Sections 51 and 52; Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; Specific Relief Act, 1963 - Sections 19; Limitation Act - Schedule - Article 54
2003VIIIAD(Delhi)461; 2004(1)CTLJ185(Del); 107(2003)DLT272
in force.10. The petitioner made a further representation and thereafter filed a petition under Section 20 of the Arbitration Act, 1940 before the Delhi High Court being Suit No. 312A/1989. The petition/suit filed by the petitioner was allowed vide … the balance amount of the bid in cash or by Bank Draft or by cheque guaranteed by a scheduled bank as `Good for payment' for three months in favor of the Delhi Development Authority. The extension of
Tag this Judgment! AI Brief & AskM/s Larsen Air Conditioning And Refrigeration Company Vs. Union Of Ind ...
Supreme Court of India
Aug-11-2023
Land Acquisition
Since the Arbitration Act, 1940 has been repealed by way of Section 85 of the 1996 Act, the Schedule to the Arbitration Act, including the State amendment, also stands repealed. The only exception is provided in sub-section … Court held that it could not be said that the proceedings (in the present case) were under the Arbitration Act, 1940, and therefore, the rate of interest granted should not be 18%. The High Court referred to this court’s
Tag this Judgment! AI Brief & AskM/s B And T Ag Vs. Ministry Of Defence
Supreme Court of India
May-18-2023
Arbitration
essential for the appointment of an Arbitrator under Section 8 or a reference under Section 20 of the Arbitration Act, 1940 (for short, ‘the Act 1940’) and that a dispute can arise only when a claim is asserted by … ASG submitted that the period of limitation for issuing notice invoking arbitration not being specifically prescribed in the Schedule to the Limitation Act, 1963 (for short, ‘the Act 1963’) will be covered by the residuary Article i.e., … to this Court to take notice of the following dates and events:27. 03.2012: Petitioner and the Respondent entered into a Contract dated 27.03.2012 bearing No.78953/SMG/GS/WE-4
Tag this Judgment! AI Brief & AskVijaya Bank Vs. Maker Development Services Pvt. Limited
Mumbai
Mar-14-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 5, 28(1), 34, 34(2), 34(3), 34(4), 34(5), 35 and 37(1); Arbitration Act, 1940 - Sections 8, 30, 33 and 39; Companies Act, 1956; Indian Contract Act - Sections 55; U.N.C.I.T.R.A.L. Model Law on International Commercial Arbitration, 1985; U.N.C.I.T.R.A.L. Conciliation Rules, 1980; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Constitution of India - Articles 136, 226 and 227; Presidency Small Cause Courts Act, 1882 - Sections 41; Bombay Rents, Hotel and Lodging House Rates Act, 1947 - Sections 5(11), 15A and 28; Bombay City Civil Court Act, 1948 - Sections 3
2001(4)ALLMR143; 2001(3)BomCR652
They are, The law on arbitration in India is at present substantially contained in three enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforce-ment) Act, 1961. It is … the Plaintiffs for enforcing the Agreement to sell the suit premises (as more particularly set out in the Schedule hereunder written) to the Defendants? (b) The learned Arbitrator shall determine the market value of the suit premises
Tag this Judgment! AI Brief & AskKidde India vs.ntpc
Delhi
Mar-12-2019
Land Acquisition
JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The present petition, under the provisions of the Indian Arbitration Act, 1940 (hereinafter, „Arbitration Act‟) has been commenced after receipt of award dated 9th December, 2008 filed by the Arbitral … favour of Vijay Associates and only Vijay Associates could maintain the claim against NTPC is not correct as Schedule 3 to the assignment deed not only, lists the receivables of the company, but also provides that until
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