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Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Industrial Relations Act, 1947 - Sections 73A; Limitation Act, 1963 - Sections 5

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

arbitration under the Chapter XI, which include Section 73A, shall be in accordance with the provisions of the Arbitration Act, 1940, insofar as they are applicable and the powers which are exercisable by a Civil Court under the said … said Act. It provides that the proceedings in arbitration under the Chapter XI, which include Section 73A, shall be in accordance with the provisions of … limitation prescribed for any suit, appeal or application by any special or local laws, the provision contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not

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 … of the Arbitration Act, 1996 reads as under :-'2 (4). This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, … be subordinatelegislation 'under the Act' is clear from the terms of section 11 and 12 themselves.'Reference may also be made to para. 16 of the

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Sections 10, 11(4), 21, 42, 48 and 85; Arbitration Act, 1940 - Sections 13, 14, 17, 27, 30 and 39; Foreign Awards(Recognition and Enforcement) Act, 1961 - Sections 7 and 8; General Clauses Act, 1897 - Sections 3(19) and 6; Arbitration(Protocol and Convention) Act, 1937 - Sections 9 and 32; Crown Lands Act, 1884; Crown Lands Act, 1861; Delhi Rent Control Act - Sections 3; Transfer of Property Act; Defence of India Act, 1939 - Sections 19(1); Madhya Pradesh Municipal Corporation Act, 1956 - Sections 4, 132(1) and 135; M.P. Municipalities Act, 1961; Agricultural Holdings Act, 1914; Agricultural Holdings Act, 1908 - Sections 11; Customs Act, 1962 - Sections 129-C; Presidency Small Cause Courts Act, 1882; Income Tax Act, 1922; Income Tax Act, 1

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940 (the 'old Act' for short) the Foreign Awards (Recognition and Enforcement) Act, 1961 (the 'Foreign Awards Act' for … had come into force. On October 13, 1997 Thyssen filed a petition in the Delhi High Court under Sections 14 and 17 of the old Act for making the award rule of court (Arbitration Suit No. 352-A/97). … the notice to quite is treated as an unreasonable disturbance within Section 11 of the Agricultural Holdings Act, 1908, and the tenant is entitled to

Gas Authority of India Ltd. Vs. Spie Capag, S.A. and Others

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 17, 32, 33, 34 and 202 - Schedule - Articles 1(2), 2, 3, 4, 5(1), 6, 7(1), 8(1), 9, 9.1 and 9.2, 10, 11, 12, 13(3), 14, 15 and 16 ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 1, 2, 3, 4, 5, 6, 7(1), 8, 9, 10 and 11; Companies Act, 1956; Foreign Arbitral Awards, 1927; Code of Civil Procedure (CPC), 1908; Arbitration Protocol and Convention Act, 1937; Arbitration (Amendment) Act, 1975

Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131

right to levy liquidated damages, Pursuant to this communication, GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as … Arbitration Act) materially differ on several aspects having a bearing on the points at issue. An examination of Sections 3, 4 and 7 of the Foreign Awards Act in juxtaposition with Sections 32, 33 and 34 of … of arbitral awards made in its own territory under the proceeding articles'. 11. According to above Article, two conditions were required to be fulfillled before

Union of India (Uoi) Vs. Bhaskar Construction Co. and anr.

Court : Guwahati

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8 and 20(4)

of IAFW-2249 forming a part of the contract agreement and also under Sections 8 and 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act'). The case of the petitioner is that, pursuant to the said letter … and an agreement of contract was executedbetween the President of India represented by the Chief Engineer, ShillongZone on 11.12.1987. Paragraph 7(b) of the agreement contains the arbitrationclause. Such clause being relevant is extracted herein below for readyreference

City and Industrial Development Corporation of Maharashtra Ltd. Vs. Ja ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 11

Reported in : 1993(3)BomCR329

petition for revocation of the authority of Jamshed Burjor Aga, the sole arbitrator under section 11 of The Arbitration Act, 1940, (hereinafter called `the Act').2. On 11th March 1980 the petitioner who is a Corporation established by the State … 1. This is a petition for revocation of the authority of Jamshed Burjor Aga, the sole arbitrator under section 11 of The Arbitration Act, 1940, (hereinafter called `the Act').2. On 11th March 1980 the petitioner who is

Mmtc Limited Vs. International Commodities Export Corporation and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 5 and 11

Reported in : 2004(1)ARBLR12(Delhi); 108(2003)DLT474; 2004(72)DRJ442; 2004(1)RAJ287

This order will dispose of an application filed by the petitioner under Section 5 and 11 of the Arbitration Act, 1940.2. The facts leading to this application as disclosed in the petition are that under an agreement dated 23.6.1992 … Mahmood Ali Khan, J. 1. This order will dispose of an application filed by the petitioner under Section 5 and 11 of the Arbitration Act, 1940.2. The facts leading to this application as disclosed in the

Shri P. Kumaran Vs. Executive Engineer, Works Division and ors.

Court : Mumbai

Subject : ArbitrationLimitation

Reported in : (1999)101BOMLR340

Fifty Thousand] and above, the Arbitrator shall give reasons for the award.Subject as aforesaid the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in … 1991. Yet, this Application for referring the matter to the Arbitrator is opposed.3. This Application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointing and referring the dispute for arbitration as provided

Datar Switchgears Ltd. Vs. Tata Finance Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9 and 11(6); Constitution of India - Article 136; Arbitration Act, 1940 - Sections 8 and 20.9

Reported in : 2000(6)ALT26(SC); 2000(7)SCALE204; (2000)8SCC151; 2001(1)LC349(SC); MANU/SC/0651/2000

mandatory or not.22. While interpreting the power of the Court to appoint arbitrator Under Section 8 of the Arbitration Act, 1940, this Court in Bhupinder Singh Bindra v. Union of India and Anr. : AIR1995SC2464 , in para 3 … deserves to be and is accordingly dismissed, however, without any order as to costs. Arbitration - appointment - Sections 9 and 11 (6) of Arbitration and Conciliation Act, 1996 and Article 136 of Constitution of India and

New Great Insurance Co. of India Ltd. Vs. Aktiselskaleet Set Astasiats ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 34; Arbitration (Protocol and Convention) Act, 1937 - Sections 3; Danish Law; Arbitration Act, 1899 - Sections 19; Common Law Procedure Act, 1854 - Sections 4 and 11; Arbitration Act, 1889 - Sections 4; Arbitration Act, 1950 - Sections 4

Reported in : AIR1964Bom71; (1963)65BOMLR487; ILR1964Bom151

have been agreed to be referred to arbitration and that the provisions of Section 34 of the Indian Arbitration Act, 1940, and Section 3 of the Arbitration (Protocol and Convention) Act, 1937, were applicable. The contention of the petitioners … such. It is unnecessary in this connection to refer to the scheme of the Arbitration Act and various sections therein. It is apparent that a decision of a Court of law cannot be set aside and' or … Revision Application No. 1236 of 1960 and the Appeal from Order No. 111 of 1960 have been placed before us for a common hearing as