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Electrical Mfg.Co.Ltd. Vs. Power Grid Corpn. of India Ltd. and Anr.
Supreme Court of India
Jul-14-2016
Arbitration
to both the parties. 26.6.2 The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act, 1940 or any statutory modification thereof. The venue of arbitration shall be New Delhi, India. 26.7 The decision of … High Court of Delhi.” On 20.4.1993, fourth meeting of the Arbitral Tribunal was held at 10.30 a.m. as scheduled. The relevant minutes of the meeting were as under:- “It was noted that the minutes of the third … Leave granted. This appeal is directed against the judgment and order dated 04.07.2008 passed by the Division Bench of the High Court of Delhi allowing
Tag this Judgment! AI Brief & Aski.T.C. Ltd. Vs. George Joseph Fernandez and anr.
Kolkata
Feb-03-1982
ArbitrationLimitation
Arbitration Act, 1940 - Section 34; ;Imports and Exports (Control) Act, 1947 - Section 5; ;Limitation Act, 1963 - Section 14
AIR1982Cal440
this Agreement, shall be referred to arbitration in accordance with and subject to the provision of the Indian Arbitration Act, 1940 or any statutory modification or re-enactment thereto for the time being in force and the venue of Arbitration … the said purported agreement and the modification thereof. The particulars of some such defects are given in a schedule annexed hereto and marked 'C'. The plaintiff craves leave to treat the said schedule as a part of
Tag this Judgment! AI Brief & AskPower Grid Corporation of India Ltd., Vs. S and S Power Switchgear Ltd ...
Chennai
Jul-22-2010
Arbitration
Arbitration Act, 1940 - Section 39
1. This appeal is against the order passed in a petition filed under Section 30 of the Arbitration Act, 1940. The appellant was the petitioner in the Original Petition before the Principal Subordinate Judge, Vridhachalam, challenging the award … of the withheld amount by pointing out that the delay in the completion did not affect the commissioning schedule of the sub-station and there was no loss to the NLC. Apart from that, there is also a
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
M/S Gangotri Enterprises Ltd. Vs. Union of India and Ors.
Supreme Court of India
May-05-2016
Land Acquisition
from the respondent and hence the respondent again made another interlocutory application under Section 41 read with second schedule to the Indian Arbitration Act, 1940 and prayed for status quo in the case. The appellant resisted the … bills in respect of other contracts.35) The respondent, therefore, filed an application under Section 20 of the Indian Arbitration Act 1940 in Delhi High Court against the appellant for filing the arbitration agreement. The respondent also made an application … Anand Vihar works, the appellant-Company submitted a Bank/Performance Guarantee bearing No.12/2006 dated 04.08.2006 from its banker Indian Mercantile Co-operative Bank Ltd., Cantt. Road, Lucknow (hereinafter
Tag this Judgment! AI Brief & AskTirumala Educational Trust, Tirumala Hil Vs. Tirumala Tirupati Devasth ...
Andhra Pradesh
Dec-21-2012
Land Acquisition
parties to the lis to refer the parties to the arbitration and if so u/s. 34 of the Act, 1940 or u/s. 8 of the Act, 1996? ii. If so, there is disentitlement in now seeking to refer … in 1999 by raising the plea of arbitration clause to refer and not referred u/s. 34 of old arbitration Act that was applicable by then as stated in the present petition rejoinder, either before filing the counter in … the O.A. to declare the respondent as the encroacher of the petition schedule property (property) within the meaning of sub-section (1) of Section 83 of … deed, the managing committee of the petitioner by the Resolutions No.295, dated 04-09-1983 and No.387 dated 31-10- 1983 renewed the lease for the property. Thereby
Tag this Judgment! AI Brief & AskAl. Ramanathan Amutha and Co. Vs. the Government of India Represented ...
Chennai
Jun-09-2008
CivilProperty
Arbitration Act, 1940 - Sections 3(A)(1), 3C, 3I, 16 and 17; National Highways Authorities Rules, 1957; Constitution of India - Articles 17, 19(1), 136, 227 and 300A
(2008)5MLJ888
Constitution Bench of this Court was considering the question whether it is obligatory for an arbitrator under the Arbitration Act, 1940 to give reasons for the award. It was argued that the requirement of giving reasons for the decision … Congress, a competent authority to adopt the standards and designs of roads as per Clause 10(1) of the Schedule to the National Highways Authorities Rules, 1957, the minimum radius at the curve point near his Fuel Station … rest of the areas prescribed by the first respondent vide proceedings dated 04.11.2003.3. While so, coming to know that the respondents are proposing to acquire
Tag this Judgment! AI Brief & AskShailesh S/O Krishnarao Kohad Vs. the Scheduled Tribe Caste Certificat ...
Mumbai
Nov-06-2009
Constitution
Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category, (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Sections 6, 6(1), 7, 8, 9 and 11(2); Arbitration Act, 1940; Punjab Improvement Trust Act, 1922; Arbitration and Conciliation Act, 1996 - Sections 2; Defence of India Act, 1962 - Sections 3(2), 3(2)(15) and 40(2); Madhya Pradesh Municipalities Act - Sections 55(3); Sales Tax Act - Sections 17(3); Code of Criminal Procedure (CrPC) - Sections 10(1) and 10(2); Code of Civil Procedure (CPC) - Sections 15; Constitution of India - Article 142; Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 - Rules 9, 11(2), 12, 12(4
The judgments on the point of acquiescence cited by learned Senior Counsel are mostly on the provisions of Arbitration Act, 1940. In Khardah Co. v. Raymon & Co. [supra], in paragraph No. 14, the contention considered was about challenge … respondent No. 1 Caste Scrutiny Committee dated 13.04.2007 invalidating caste claim of the petitioner as belonging to Halba Scheduled Tribe. The certificate dated 31.07.1987 issued to him by the Executive Magistrate has been cancelled and confiscated. This
Tag this Judgment! AI Brief & AskUnion of India Vs. International Chemicals Corporation (India)
Delhi
Oct-04-1976
Arbitration
Arbitration Act, 1940 - Sections 41
AIR1977Delhi99; ILR1976Delhi798
disputes and differences arose between the parties to the said contract. An application under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as the Act) was filed by the respondents herein praying that the said arbitration agreement … the same power of making orders in respect of any of the matters set out in the Seceond Schedule as it has for the purpose of, and in relation to, any proceedings before the Court : Provided
Tag this Judgment! AI Brief & AskKrebs Biochemicals and Industries Ltd. Vs. Nannapaneni Venkat Rao, Co- ...
Andhra Pradesh
Jul-06-2009
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 7(1), 7(2), 7(4), 7(5), 11, 11(5), 11(6), 11(9), 16, 16(1), 16(6), 30, 31 and 34; Andhra Pradesh Co-operative Societies Registration Act, 1964 - Sections 12A, 12A(1), 12A(2) and 12A(9) to 12A(13); Arbitration Act, 1940 - Sections 33; (British) Arbitration Act, 1996 - Sections 7; Indian Contract Act, 1872 - Sections 65
AIR2009AP216; 2009(5)ALT98
such issues. Before referring to these precedents, it may be mentioned that in cases that were decided under Arbitration Act, 1940 (which has been repealed by new Act), Supreme Court took the view that 'where an agreement is invalid, … into force on 25-01-1996. The 1996 Act is divided into four parts and contains eighty-six Sections and three Schedules, which reproduced Geneva Convention of Execution of Foreign Awards. The Geneva Protocol on Arbitration Clauses, 1993 and New … overhauling and after obtaining permission from the Registrar commenced crushing operations from 04-01-2004 for season 2003-2004. In all, KREBS spent Rs. 12,09,30,043/- (Rupees twelve crore
Tag this Judgment! AI Brief & AskShiam Cooperative Group vs.m/s. Kamal Construction Co. Ltd
Delhi
Aug-10-2017
Land Acquisition
or uncertainty, thus:"16. It is important to note that the 1996 Act was enacted to replace the 1940 Arbitration Act in order to provide for an arbitral procedure which is fair, efficient and capable of meeting the needs … respondent contracted to construct 120 dwelling units for the appellant, which is a co-operative Group Housing Society. The scheduled date of completion was 22nd January, 2004.5. The controversy in the present case dealt with the item of … Society Plot No.- 5D, Sector-11, Dwarka vide our Bill No.11889 Dt 16- 04-2004. The material mentioned above have been purchased from main company dealer M/s
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