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Shiv Lal Vs. Food Corporation of India

Court : Rajasthan

Subject : Arbitration

Acts : 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

Reported in : 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 … served on the appellant on 21-2-1981 and he filed his objections against the award purporting to be under Sections 30/33 (by implication) of the Arbitration Act, 1940, on 3-4-1981 and not before. There was no application under … the impunged judgment and decree as well as record of the arbitrator. 12. The learned counsel for the appellant has contended that the appellant raised

Mp. Rural Road Dev. Authority and anr. Vs. Ms. L.G. Chaudhary Engineer ...

Court : Supreme Court of India

Subject : Constitution

Acts : Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, `M.P. Act') - Section 2(d), 4, 7, 8, 9, 19, 14, 16(2), 17; Arbitration and Conciliation Act, 1996 - Section 7, 9, 11, 2(4), 85; Central Act ; Arbitration Act, 1940 - Section 46, 7, 12, 36, 37, 46; Code of Civil Procedure (CPC) - Section 115; Constitution of India - Article 254

other rule made thereunder. 24. Similar provision relating to statutory arbitration was also there in Section 46 of Arbitration Act, 1940. Section 46 is set out below: 46. Application of Act to statutory arbitration - The provisions of this … Part-I of A.C. Act 1996, which is from Section 2 to Section 43, shall, except sub-section 1 of Sections 40, 41 and 43, apply to every arbitration under any other enactment for the time being in force … of the respondent was rejected after giving the appellant a personal hearing. 12. In the pending dispute, the respondent submitted additional claim on 24.2.2010 and

Smt. Satya W/O Kailashchandra Sahu and Others Vs. M/S. Vidarbha Distil ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(1), 7, 10, 11, 12, 13, 14 and 15; Arbitration Act, 1940 - Sections 8(1); Indian Partnership Act, 1932

Reported in : AIR1998Bom210; 1998(1)ALLMR601; 1998(2)BomCR627; (1998)3BOMLR340; 1998(1)MhLj789

pointed out that there is no provision in the new Arbitration Act similar to section 8(1)(b) of the Arbitration Act, 1940, which empowers the Court to appoint an Arbitrator, if any appointed Arbitrator neglects or refuses to act, and … any ground referred to in this section or sub-section (3) of section 12. Section 15. Termination of mandate and substitution of arbitrator.---(1) In addition to … not provide other means for securing the appointment of Arbitrators.14. Aforesaid sub-sections are to be read along with sections 14 and 15 of the Act which are as under:--'Section 14. Failure or impossibility to act.---(1) The mandate

Sayeed Ullah Khan Vs. the Temporary Civil Judge of Sultanpur and ors.

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 39, 46 and 47; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 12, 12(6) and 37; Constitution of India - Article 226

Reported in : AIR1959All330

Arbitration - applicability of the Arbitration Act - Sections 36, 46 and 47 of Arbitration Act, 1940 and Sections 12 and 37 of U. P. Consolidation of Holding Act, 1953 and Article 226 of Constitution of India - … second Schedule of tile Civil Procedure Code and the Indian Arbitration Act, 1899, were repealed by the present Arbitration Act, 1940. Section 46 of the present Arbitration Act runs as follows :'46. The provisions of this Act except Sub-section

R.M. Dasa Vs. the Gujarat Water Supply and Sewerage Board and ors.

Court : Gujarat

Subject : Arbitration

Acts : Arbitration Act, 1940; Arbitration and Conciliation Act, 1996 - Sections 11 and 11(6); Code of Civil Procedure (CPC) , 1908 - Sections 2; Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 - Sections 2(1), 8, 11, 12, 13, 16, 17 and 21

Reported in : AIR2009Guj130

such notification. It is submitted that as per Section 21 of the Arbitration Tribunal Act. 1992, provisions of Arbitration Act, 1940 so far as they are inconsistent with the provisions of the Act, cease to apply any disputes arising … it cannot be considered that works contract and therefore, jurisdiction cannot be conferred to the Tribunal, Referring to Sections 8, 13 of the Arbitration Tribunal Act, 1992, it is submitted that Arbitration Tribunal Act, 1992 came into … was awarded to the petitioner and the tender agreement was executed on 12-4-1999 and the work was issued vide Work Order No. AB/TC/5 RWSS/934 on

Charan Singh and ors. Vs. Babulal and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Uttar Pradesh Consolidation of Holdings Act, 1954 - Sections 12 and 37; Arbitration Act, 1940 - Sections 39

Reported in : AIR1967SC57; [1966]SuppSCR63

standing and in all other respect the matter shall be determined in accordance with the provisions of the Arbitration Act, 1940. (2) The appointment of an Arbitrator under sub-section (1) may be made either generally or in respect of … Arbitration Act. The appeal accordingly fails and is dismissed with costs. 13. Appeal dismissed. Arbitration - appeal - Sections 12 and 37 of Uttar Pradesh Consolidation of Holdings Act, 1954 and Sections 15 and 39 of Arbitration Act,

Bpl Communications Ltd. Vs. Punj Lloyd Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 8(1), 8(3), 11, 12, 13, 16, 19 and 42; Arbitration Act, 1940 - Sections 8, 20, 24 and 34; Code of Civil Procedure (CPC)

Reported in : 2004IAD(Delhi)8; 2004(1)ARBLR46(Delhi); [2005]125CompCas41(Delhi); 108(2003)DLT198; 2004(1)RAJ256

the Arbitrator.28. The application stands disposed of. Arbitration - agreement - Sections 8, 20, 24 and 34 of Arbitration Act, 1940, Sections 2, 5, 8, 8 (1), 8 (3), 11, 12, 13, 16, 19 and 42 of Arbitration and Conciliation

Ramesh Kumar and anr. Vs. Furu Ram and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 30, 32, 33, 17, 14; Indian Contract Act, 1872 - Section 17; Hindu Marriage Act, 1955 - Section 12; Evidence Act, 1872 - Section 114

be challenged on the ground that they were not registered; that having regard to section 32 of the Arbitration Act, 1940, no suit would lie on any ground whatsoever, for a decision upon the existence, effect or validity of … one Chandra Bhushan Sharma, Advocate, Kurukshetra, appointed as per reference agreements dated 12.3.1992. 5. According to appellants, the agreements dated 12.3.1992, the arbitration awards dated … 30 of the said Act. The first appellate court further held that as no application was filed under sections 30 and 33 of the said Act by appellants for setting aside the awards and as the awards

Gowthami Solvent Oils Ltd. Vs. Oil and Natural Gas Commissioner, K.G. ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8, 8(1), 12, 17, 28 and 33

Reported in : 2004(6)ALD659; 2004(6)ALT552

Judge, Rajahmundry in O.P. No. 90 of 1994, which was filed under Sections 12 and 17 of the Arbitration Act, 1940 (for short 'the Act') for appointment of an Arbitrator to arbitrate the dispute that has arisen in respect

Shri Shankaranarayana Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Arbitration

Reported in : AIR2008MP5; 2008(1)ARBLR296(MP); 2007(4)MPHT444; 2008(1)MPLJ78; AIR2008MP5; 2008(1)AIRKarR319(FB); 2008AIHC390(MP)(FB

in which it was held that the 1983 Adhiniyam being a later Special Act would prevail over the Arbitration Act, 1940, as provided in Article 254(2) of the Constitution. The Division Bench however was of the prima facie view … of which certain disputes may not be submitted to arbitration.(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, … for the respondents submitted that this Court has already held in Para 12 of the judgment in Spedra Engineering Corporation, Engineers and Contractors v. State