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Renusagar Power Co. Ltd. Vs. General Electric Company and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34

Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432; MANU/SC/0001/1984

Foreign Awards Act and that, therefore, the petition Under Section 3 (which is really in the nature of Section 34 application under the Arbitration Act, 1940) is totally misconceived and liable to be dismissed; Counsel further submitted that … having regard to its scope, a suit in the nature of a petition Under Section 33 of the Arbitration Act, 1940 could be stayed If, so whether the Ist Respondents have made out a case for staying the Appellants'

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

on the footing that an arbitration agreement which contemplated reference otherwise than in the manner provided by the Arbitration Act, 1940, Section 1 to 38 was ineffective not being permissible under the provisions of Section 152 of the Companies Act … the stay of the suit under Section 3 of the Arbitration (Protocol and Convention) Act of 1937 and/or Section 34 of the Indian Arbitration Act, 1950 and/or Section 151 of the Civil Procedure Code. The learned Civil Judge

Dr. Vijaypat Singhania and ors. Vs. Hari Shankar Singhania and ors.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 20, 26, 33, 34 and 34(2); Arbitration Act, 1940 - Sections 20; Forest (Conservation) Act, 1980

Reported in : 2009(6)BomCR303; 2009(111)BomLR4374

about the distribution and allotment of the immovable properties.9. On 08.05.1992, an Arbitration Suit under Section 20 of Arbitration Act, 1940 being Suit No. 1904 of 1992 was filed by the Kolkata branch in the Bombay High Court against … Anoop V. Mohta, J.1. These are two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ( the Act).2. An arbitration Award dated 04.08.2008, which is modified

Bhai Sardar Singh and Sons. Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 17, 21, 28 to 33, 34, 36 and 85(2); Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2002(61)DRJ767

it was contended that the objections necessarily must be gone into because the arbitrator was appointed under the Arbitration Act, 1940 and in any case according to the learned counsel for the Delhi Development Authority it is the court … arbitral proceedings. The award is made in terms of Section 28 to 33 of the said Act. While Section 34 gives an independent recourse to the aggrieved persons against the arbitral award, the awards are executed in terms

Oriental Fire and General Insurance Co. Ltd. and anr. Vs. New Suraj Tr ...

Court : Allahabad

Subject : Commercial

Acts : Arbitration Act, 1940 - Sections 2 and 34; Carriers Act, 1865 - Sections 6

Reported in : AIR1985All136

annum total Rs. 13,223.85. 8. The defendant transport company filed applications in both the suits under Section 34, Arbitration Act, 1940, wherein he set up an arbitration agreement between the parties and prayed that the suit be stayed and

Sant Nilobarai Transport (P.) Ltd. Vs. Ganesh Container Movers Syndica ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7; Industrial Disputes Act, 1947 - Sections 2, 7, 16 and 34; Arbitration Act, 1940 - Sections 2-A

Reported in : 2000(2)BomCR219; 1999(3)MhLj216

Supreme Court of India has observed while interpreting what is an 'Arbitration Agreement' under section 2-A of the Arbitration Act, 1940 is that'What is required to be ascertained is whether the parties have agreed that if dispute arise between … September, 1998 though termed as an award will not be an award and hence cannot be challenged under section 34 of the Arbitration and Conciliation Act, 1996 and also the respondent No. 1 should be permitted to avail

Vinay Bubna Vs. Yogesh Mehta and Others

Court : Mumbai

Subject : Arbitration

Acts : Securities Contracts (Regulation) Act, 1956 - Sections 9(4), 10 and 11; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 24, 34(2), 40, 41 and 43; Arbitration Act, 1940 - Sections 7, 12, 28, 30, 36, 37, 46 and 47; Cotton Contract Act - Sections 4(7), 5 and 6; Indian Limitation Act, 1963; Bombay Industrial Relations Act; Bombay Co-operative Societies Act - Sections 51; Forward Contracts (Regulation) Act, 1952

Reported in : 1999(2)ALLMR129; 1998(4)BomCR849

the said question it will be necessary to look into the provisions of the Arbitration Act, 1996, the Arbitration Act, 1940 and the Securities Contracts(Regulation) Act, 1956. The relevant provisions to the extent that they are necessary are being … The same was denied to him and consequently also the award is liable to be set aside under section 34 of the Act of 1996.3. The Award is in violation of the principles of natural justice and fair

Sukumar Chand JaIn Vs. Delhi Development Authority and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act of 1940 - Sections 14, 17, 30, 33, 34 and 34(1); ;Arbitration and Conciliation Act of 1996 - Sections 21, 85 and 85(2); Limitation Act - Sections 5; Arbitration (Protocol and Convention Act), 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; ;Contract Act - Sections 28

Reported in : 2003(1)ARBLR174(Delhi); 99(2002)DLT3

parties. Relevant portion of the arbitration Clause 25 reads as under :-'Subject as aforesaid the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made therein and for the time being in … whereas according to the petitioners the objections/petitions, if any, should have been filed only under the provisions of Section 34 of the Arbitration and Conciliation Act of 1996. The awards in all these three cases were passed after

Subhash Chander Kathuria Vs. Ashoka Alloys Steels Pvt. Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 34

Reported in : 59(1995)DLT355; 1995(35)DRJ319

up the principles of law as under : 'IN an application for stay under Section 34 of the Arbitration Act, 1940 in a case involving allegations of fraud the person against whom fraud is alleged has an option to

Municipal Corporation of Greater Bombay Vs. Girjashankar R. Singh

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30; Bombay Stamp Act, 1958 - Sections 34; Maharashtra Tax Laws (Levy and Amendment) Act, 1994

Reported in : AIR1996Bom361; 1996(4)BomCR443; (1996)98BOMLR482; 1996(2)MhLj779

name the impressed stamp paper has been purchased. 6. An 'award' as defined by Section 2(b) of the Arbitration Act, 1940 (for short, 'the Act') means an arbitration award. An award means a judgment or final decision and for … the grounds that: (i) it is not duly stamped inasmuch as it violates the completion of provisions of Section 34 of the Bombay Stamp Act 1958 as amended by the Maharashtra Tax Law (Levy and Amendment) Act, 1994