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SerajuddIn and Co. Vs. Michael Golodetz and ors.

Court : Kolkata

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 107 and 151; ;Arbitration Act, 1940 - Sections 1, 14, 16, 31 and 34; ;Indian Arbitration (Protocol) Act, 1937

Reported in : AIR1960Cal47,63CWN717

than its Indian counterpart under the Government of India Act, 1935, which was in force when the Indian Arbitration Act, 1940, was passed. 18. On the question of exercise of discretion, Mr. Das relied very strongly on the observations … rejected all the above three contentions of the plaintiff and held, inter alia, that, although some of the sections of the Indian Arbitration Act might not apply to the present reference, there was no reason why Section … Assurance Society, (1903) 1 KB 249 and The Cap Blanco, 1913 P 130, which were cited before Ray, J., on behalf of the defendants-applicants and

Ambica Processing Inds Vs. Union of India

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 130

Reported in : 1996IAD(Delhi)1008; 1996(36)DRJ668

(14) In the facts and circumstances of the case, I leave the parties to bear their own costs. Arbitration Act, 1940 - Section 130--Objections thereunder--Interference with the award of arbitrator--Scope of--To the award that the arbitrator had completely gone … and circumstances of the case, I leave the parties to bear their own costs. Arbitration Act, 1940 - Section 130--Objections thereunder--Interference with the award of arbitrator--Scope of--To the award that the arbitrator had completely gone beyond jurisdiction

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 … and thereafter again in the case of The Cap Blanco (1913) P 130, the English Courts have proceeded to grant stay of suits where reference

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … Act (Act XLV of 1961), Sections 6, 5, 3, 7(1)(b)(ii), 7(1)(a)(v), 11, 8(1)(a) - Arbitration Act(Act X of 1940), Sections 39, 17, 34, 35--Letters Patent, Clause l5--Civil Proccudure Code (Act V of 1908), Sections 2(2), 2(9), 2(14), 21, … Common Law generally.'In Halsbury's Laws of England, 3rd Edn. Vol. 8, pg. 130, it is said that---'Any agreement which tends to be injurious to the

P.A. Ahammed Ibrahim Vs. the Food Corporation of India

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20 and 34; Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151 - Order 6, Rule 17 - Order 7, Rule 1

Reported in : AIR1999SC3033; 1999(5)ALT10(SC); JT1999(6)SC382; 1999(3)KLT231(SC); 1999(5)SCALE51; (1999)7SCC39; [1999]Supp1SCR498; 1999(2)LC1377(SC)

has granted permission to the respondent to amend the application filed on 4.4.1978 under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for appointment of arbitrator to resolve the dispute between the parties so … 1978 under Section 34 of the Arbitration Act in Civil Suit No. 130 of 1978 for stay of further proceedings and for referring the dispute … C.R.P. No. 494/ 87, the learned Single Judge of the High Court of Kerala by exercising jurisdiction under Section 115 of the Civil Procedure Code has granted permission to the respondent to amend the application filed on

Entral Warehousing Corporation Vs. Uppal Engine Const. (P) Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1978 - Sections 2

Reported in : ILR1996Delhi74

above categories and where there is reference to arbitrator straightaway or through Court under Section 20 of the Arbitration Act, 1940, the question of interest can be split up into three periods (i) period prior to commencement of arbitration … into the question of interest only for the period subsequent to the date of decree in view of section 29 of the Arbitration Act. (3) In the award under claim No. 6, the arbitrator held that the … of payment of interest depends upon the terms of contract or Section 130 of the Negotiable Instruments Act, Section 60 of Sale of Goods Act

Sanjiv Prakash Vs. Seema Kukreja

Court : Supreme Court of India

Subject : Land Acquisition

MoU shall be referred to a single arbitrator in accordance with and subject to the provisions of the Arbitration Act, 1940, or any other enactment or statutory modification thereof for the time being in force.2.4. A Shareholders’ Agreement dated … there is a “good arguable case” for the existence of an arbitration agreement.16. The parameters of review under Sections 8 and 11 were then laid down thus: “138. In the Indian context, we would respectfully adopt the … present case are concerned, it is important to extract paragraphs 127 to 130 of Vidya Drolia (supra), which deal with the judgments in Kishorilal Gupta

Joseph Vs. Registrar, Mangalore University

Court : Karnataka

Subject : ConstitutionCivil

Acts : Arbitration Act, 1940 - Sections 10

manner and mode of arriving at a decision in a reference made to three more arbitrators: whereas the Arbitration Act, 1940 contains a special provision in this regard [See : Section 10 of the Arbitration Act, 1940]. No doubt … AIR 1919 Patna 74; Ayyaswami Mudaliar v. Appandai Nynan, AIR 1920 Madras 130; Nand Kishore v. Kishori Lal and Ors., AIR 1923 Oudh. 181, ware … of the examiners of the Board to form an integral part of the decision of the Board. - Sections 8 & 14: [K.N. Keshavanarayana, J] Suit for partition - One S died intestate leaving behind him his

The Commissioner of Central Excise Vs. Shruti Colorants Ltd.

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11AC, 35, 35(1), 35C, 35E(3), 35H, 35G and 35G(9); Central Excise Tariff Act, 1985; Income Tax Act, 1962 - Sections 130; National Tax Tribunal Act, 2005 - Sections 15, 23, 23(1) and 24; Limitation Act, 1963 - Sections 3, 4, 5, 12, 14, 14(2) and 29(2); ;Arbitration Act, 1940 - Sections 39; Arbitration and Conciliation Act, 1996 - Sections 34, 34(3) and 43; Rajasthan Premises (Control of Rent and Eviction) Act, 1976; Land Acquisition Act, 1894 - Sections 18(1), 18(2), 18(3) and 28A; Sales Tax Act - Sections 10; Central Excise Rules - Rule 57A, 57D(2) and 57F(4)

Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358

the delay in face of specific provisions of the Act. Dealing with appeal under Section 39 of the Arbitration Act, 1940 with regard to the provisions of limitation, the Supreme Court in the case of P.K. Ramachandra v. State … to note that Section 35G of the Act as well as Section 130 of the Income Tax Act, 1962, came to be repealed by the … law of limitation has been subjected to some liberal construction but primarily in relation to its application under Sections 5 or 14 of the Limitation Act. As far as this approach has not been adopted in relation

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Subject : Excise

Acts : Limitation Act, 1963 - Sections 3, 4, 5, 24 and 29(2); ;Central Excise Act, 1944 - Sections 35G, 35G(1), 35G(3), 35H and 35(1); ;Finance Act, 1999 - Sections 35H; ;Foreign Exchange Regulation Act, 1973 - Section 54; ;Foreign Exchange Management Act, 1999 - Sections 35, 112, 128 and 130A; ;Income Tax Act - Sections 256 and 256(2); ;Customs Act, 1962 - Section 130(3); ;Wealth Tax Act, 1957 - Sections 35H and 27(2); ;Limitation Act, 1908 - Sections 3, 5 and 5(9); ;Representation of Peoples Act, 1951 - Sections 81, 82, 86 and 117; ;Uttar Pradesh Sales Tax Act, 1948 - Section 10; ;Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996 - Section 34; ;Andhra Pradesh (Telan-gana areas) Tenancy and Agricultural Lands Act, 1950; ;Code of Civil Procedure (CPC) - Section 151

Reported in : 2005(188)ELT8(Cal)

of India v. Popular Construction Co. - : AIR2001SC4010 . This decision dealt with the provision of the Arbitration Act, 1940. In the said decision, it was held that the proviso to Section 34 thereof merely provides for a … of limitation but did not expressly or impliedly excluded the jurisdiction of the High Court in respect of Sections 4 to 24 of the Limitation Act. If it had a different intention, in that event, it would … that. As such Section 29(2) of the Limitation Act is attracted.7.4 Section 130(3) of the Customs Act, 1962 provides six months' limitation from service of