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Shiv Lal Vs. Food Corporation of India
Rajasthan
Jan-07-1997
Arbitration
Evidence Act, 1872 - Sections 115; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1; Arbitration Act, 1940 - Sections 8, 14(2), 29, 30, 33 and 39; Limitation Act, 1963 - Sections 5 - Schedule - Article 119
AIR1997Raj93; 1997(2)WLC203; 1997(1)WLN56
A.S. Godara, J.1. This appeal has been preferred under Section 39(i)(vi) of the Arbitration Act, 1940 (hereinafter referred to as the Act) against the judgment and decree dated 6-5-1988 passed by the learned District … not covered by the arbitration clause XIX of the Agreement and hence the same purporting to be under Section 33 of the Act, the provisions of Article 119(b) of the Limitation Act did not apply to the same
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Great Eastern Shipping Co. Ltd.
Gujarat
Feb-04-2004
Arbitration
Indian Arbitration Act, 1940 - Sections 14, 20, 30, 31, 31(3), 33 and 39; Arbitration and Conciliation Act, 1966
(2004)2GLR1270
Union of India appellant No.1 - the appellants have filed this appeal under Section 39(vi) of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Old Act') against the judgment and order dated 20th December, 1990, passed by … while Civil Misc.Application No.172/89 has been filed for challenging the award dated 7.6.89 passed by the Arbitrator under Section 33 of the Act which provides award to be contested by applicant read with sec.30 of the Act which
Tag this Judgment! AI Brief & AskGordhandas Pursottam Sonawala Vs. Natvarlal Chandulal and Co.
Mumbai
Aug-22-1950
Arbitration
Indian Arbitration Act, 1940 - Sections 2, 5, 8, 10, 11, 12, 16(3), 19, 25, 32, 33 and 36; Bombay Cotton Contracts Act, 1932 - Sections 4, 8, 14 and 15; Indian Contract Act, 1872 - Sections 2; Indian Cotton (Control) Order, 1945; Indian Companies Act - Sections 21; Defence of India Rules; Bombay Essential Commodities and Cattle (Control) Act, 1946; Bombay Cotton Contracts Act, 1922
AIR1952Bom349; (1952)54BOMLR367
question of validity of contracts--Scope of Article 96.; In dealing with an application under Section 33 of the Arbitration Act, 1940, the Court is concerned with determining the existence, legality or effect of an arbitration agreement at the instance
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Kasiraju Lakshmikanta Rao Vs. Dendukuri Venkateswarlu and anr.
Andhra Pradesh
Nov-12-1959
CivilArbitration
Arbitration Act, 1940 - Sections 30, 33 and 44 - Schedule - Article 11; Arbitration Rules - Rules 1 and 2
AIR1960AP576
dismissing I. A. Nos. 2562(a) and 2562(b) of 1957, respectively.4. Now, Article 158, Limitation Act, as amended by Arbitration Act, 1940, provides a period of thirty days from the date of service of the notice of filing of the … filing objections, the defendant filed a petition with a Court-fee of Re. 1/- on the same day, under Section 33 of the Arbitration Act, to set aside the award on various grounds. On the following day, the Court
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited Vs. Municipal C ...
Delhi
Mar-05-2002
CivilArbitration
Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 15 and 15(2) - Order 20, Rule 6 - Order 21, Rules 11(1), 11(2) and 17(1A); Indian Arbitration Act, 1940 - Sections 20, 30, 31, 32 and 33
AIR2002Delhi347; 2002(2)ARBLR7(Delhi); 2002(63)DRJ38
inasmuch as the only application dismissed by the court was is 9207/97 (i.e. one under Section 30 of Arbitration Act, 1940) and not the is 818/2000 (application under Section 33 of the Arbitration Act, 1940). Application under Section 33
Tag this Judgment! AI Brief & AskPradeep Anand Vs. I.T.C. Ltd. and ors.
Delhi
Mar-13-2000
Arbitration
Arbitration Act, 1940 - Sections 14, 17, 30 and 33; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2
2000IIIAD(Delhi)965
the meantime, the ITC had also filed an Application being OMP No. 16/95 under Section 33 of the Arbitration Act 1940 for determination of the existence and validity of the Cooperation Agreement. This Application was also dismissed as withdrawn
Tag this Judgment! AI Brief & AskNational Insurance Co. Ltd. Vs. Boghara Polyfab Pvt. Ltd.
Supreme Court of India
Sep-18-2008
ArbitrationInsurance
Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(6), 11(7), 16, 16(1) and 20; ;Arbitration Act, 1940 - Sections 8, 9, 20 and 33; Consumer Protection Act, 1986
AIR2009SC170; 2008(3)ARBLR633(SC); 2008(4)AWC4133(SC); 2009(4)BomCR891; 2008BusLR961(SC); JT2008(10)SC448; (2008)8MLJ568(SC); (2008)152PLR709; 2008(12)SCALE654; (2009)1SCC267; 2008AIRSCW7084; 2008(6)LHSC3823.; [2008] 13 SCR 638; MANU/SC/4056/2008
new Act, combined the power vested in the court under Sections 8 and 20 of the old Act (Arbitration Act, 1940). This Court held:It is necessary to define what exactly the Chief Justice, approached with an application under Section … there was a final settlement of all claims, is the Court, on an application under Sections 9(b) and 33 of the Act, entitled to enquire into the truth and validity of the averment as to whether there
Tag this Judgment! AI Brief & AskPearelal and Sons (E.P.) (P) Ltd. Vs. V/O Mashpriborintorg and anr.
Delhi
Nov-21-1978
Arbitration
Arbitration Act, 1940 - Sections 33
ILR1979Delhi217
.with respect, was in error in thinking that the respondents' petition was competent under Section 33 of the Arbitration Act, 1940.'(18) In other words, even where the very existence of the price variation clause was in dispute between I
Tag this Judgment! AI Brief & AskExecutive Engineer, Upper Painganga Project Vs. M.V. Panse and Others
Mumbai
Dec-17-1998
Arbitration
Arbitration Act, 1940 - Sections 8 and 33; Code of Civil Procedure (CPC), 1908 - Sections 115
AIR1999Bom254; 1999(2)ALLMR366; 1999(4)BomCR822
of the above-referred facts and circumstances, it is necessary to consider the provisions of section 33 of the Arbitration Act, 1940. Section 33 reads thus :'Any party to an arbitration agreement or any person claiming under him desiring to challenge the
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited. Vs. Municipal ...
Delhi
Jan-17-2001
Arbitration
Arbitration Act, 1940 - Sections 14, 17, 20, 30, 32, 33 and 37 (1); Indian Limitation Act, 1963 - Sections 4, 5, 43, 202 and 476 - Schedule - Articles 119, 137 and 158; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC), 1908 - Order 21; Telegraph Act, 1885
2001IIIAD(Delhi)87; AIR2001Delhi283a; 90(2001)DLT243; 2000(57)DRJ582; 2001(3)RLR25
that the MCD was served with a copy of S.No.569-A/1997, (being the petition under Section 14 of the Arbitration Act, 1940) through its Commissioner (Respondent No.1) and its Commissioner (Slum & JJR) (Respondent No.2.) on 3rd April, 1997. While … appear to me have the effect of bearing no alternative other than non-suiting the Municipal Corporation of Delhi: 'Section 33 deals with the applications to be made by the parties. Before we consider the provisions of this section,
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