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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

seeking a declaration that the proceedings before the court of Sr. Sub-Judge, Kurukshetra, in the two suits under sections 14 and 17 of the Arbitration Act 1940 resulting in the orders dated 30.3.1992 and decrees made pursuant to … 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

Pavi Electrical Industries Vs. B.D.K. Alloy Pvt. Ltd.

Court : Karnataka

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14 and 30; Limitation Act, 1963 - Schedule - Article 119

Reported in : ILR1993KAR3412; 1993(3)KarLJ306

directed to dispose of the matter as expeditiously as possible. ARBITRATION ACT, 1940 (Central Act No. 10 of 1940) -Sections 30 & 14 : LIMITATION ACT, 1963 (Central Act No. 36 of 1963) - Article 119 - 'Notice' … Article 119 of the Limitation Act reads thus:Description of the applicationPeriod of LimitationTime from which period beginsto run119.Underthe Arbitration Act, 1940 a)for the filing in Court of an award;Thirty daysThe date of service of thenotice of the making of

Smt. Ashalata S. Lahoti Vs. M/S. Hiralal Lilladhar

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 28, 30, 33, 37 and 46; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 14 and 34; Limitation Act, 1963 - Schedule - Articles 18 and 24; Securities Contracts (Regulation) Act, 1956 - Sections 9; Bombay Co-operative Societies Act, 1925 - Sections 54; Forward Contracts (Regulation) Act, 1952; Bombay Stock Exchange Act

Reported in : 1999(1)BomCR293; (1999)1BOMLR241; [2001]103CompCas1097(Bom); 1999(1)MhLj352

that proposition of law. Arbitration Petition No. 82 of 1997 and 83 of 1997 are filed under the Arbitration Act, 1940. (Hereinafter referred to as the 1940 Act). Arbitration Petition No. 318 of 1998 is filed under the Arbitration … Limitation Act, 1963 is applicable to contracts based on the bye-laws framed pursuant to the power conferred by section 9 of the Securities Contracts (Regulation) Act. 1956; (b) That the Award was passed beyond the time specified … petitioners have approached this Court against the decision of the Arbitrator dated 14-9-1998 whereby preliminary objections raised by the petitioners that the provisions of Indian

M. Venkataratnam and anr. Vs. M. Chelamayya and anr.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Registration Act, 1908 - Sections 17, 17(1), 17(2) and 49 ; Arbitration Act, 1940 - Sections 14 and 17; Transfer of Property Act, 1882 - Sections 100 and 59; Stamp Act, 1899 - Sections 35

Reported in : AIR1967AP257

- Sections 17, 17 (1), 17 (2) and 49 of Registration Act, 1908, Sections 14 and 17 of Arbitration Act, 1940, Sections 59 and 100 of Transfer of Property Act, 1882 and Section 35 of Stamp Act, 1899 -arbitrators appointed

Walter Rosario and Another Vs. Corporation Bank, Pandeshwar Branch, Ma ...

Court : Karnataka

Subject : BankingArbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 30 and 33; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 17, 18 and 19

Reported in : AIR2001Kant483; 2001(44)ARBLR256(Kar); ILR2001KAR4235; 2001(4)KarLJ620

the Court or a decree of the Court in terms of the provisions of Section 14 of the Arbitration Act, 1940, subsequent to 30-11-1994, from which date onwards the Recovery of Debts Due to Banks and Financial Institutions Act, … submission with the support of any precedent.9. We have considered the submissions and have examined the provisions of Sections 17 and 18 of the 1993 Act and also the provisions of Arbitration Act, 1940. The Arbitration Act,

Modern Neon Signs Vs. Union of India and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14(2)

Reported in : ILR1978Delhi568

filed the award in the Court. The petitioner has filed objections under sections 30 and 33 of the Arbitration Act, 1940. In the objection petition, the petitioner has accepted the award in respect of the claims Nos. 1, 6 … as bal- The claim is justified for an ance payment due including the amount of amount of Rs. 1435.00 admit- the security deposit, ted by the respondent. 2. Claimant claims a sum of Rs. 15,167.00 as The

Mahanagar Telephone Nigam Limited Vs. Unibros and ors.

Court : Delhi

Subject : Arbitration

Acts : Indian Arbitration Act, 1940 - Sections 14, 16(6), 17, 27, 30, 32, 33, 34, 34(2), 41 and 85(2); Arbitration and Conciliation Act, 1996; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rules 26 and 29

Reported in : 2003(2)ARBLR346(Delhi); 105(2003)DLT837; 2003(71)DRJ719; [2003]46SCL18(Delhi)

Award has been challenged by the MTNL in this petition, which is numbered as Suit No. 266A/2001, under Sections 14 and 17 of the Indian Arbitration Act, 1940 praying for the issuance of appropriate directions to the Arbitrator … Vikramajit Sen, J.1. Parliament's resolve of interring the Arbitration Act, 1940 would be futile if the contention raised in this petition on behalf of the Mahanagar Telephone Nigam Ltd.

Dinshaw Manekji Petit Vs. G.B. Badkas and ors.

Court : Mumbai

Subject : Arbitration

Acts : Defence of India Act, 1939 - Sections 19 and 19(1); Arbitration Act, 1940 - Sections 14, 14(2), 17 and 46; Government of India Act, 1935 - Sections 299(2); Constitution of India - Article 226; Defence of India Rules - Rules 9 and 13

Reported in : AIR1969Bom151; (1968)70BOMLR632

1. This is an application under Section 14(2) of the Arbitration Act, 1940, for an order directing the first Respondent, who was appointed an arbitrator under S. 19 of the Defence … to be construed as reference to the provincial Government24. The learned Advocate General submitted that the provisions of Sections 14(2), 15, 16 and 17 of the Arbitration Act are wholly inconsistent with, and therefore, excluded by, the provisions

itc Ltd. Vs. Pradeep Anand and ors.

Court : Delhi

Subject : Arbitration

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 & 2; Arbitration Act, 1940 - Sections 14 and 28; Foreign Awards Act, 1961

Reported in : 1999IVAD(Delhi)240; 80(1999)DLT82

read with Section 151 of the Code of Civil Procedure and read with Section 41(b) of the Indian Arbitration Act, 1940 (for short 'the Arbitration Act'). By this application the petitioner seeks interim order of stay of any further … application has been moved on behalf of ITC Ltd. under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and read with Section 41(b) of the Indian Arbitration Act, 1940 … petitioner on 6.5.1998. The petitioner ITC Ltd. moved an application under Section 14(2) of the Arbitration Act in this Court on 22.5.1998 with a request

Selected Marbles Home and ors. Vs. Arun Kumar Kamal Kumar and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 20, 30, 32 and 33; Arbitration and Conciliation Act, 1996 - Sections 21, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2005(1)ARBLR94(Delhi); 115(2004)DLT117

Once again we are called upon to determine an important question. The question is ''whether the provisions of Arbitration Act, 1940 (hereinafter referred to as '' old Act'') or that of Arbitration and Conciliation Act, 1996 (referred to as … No.6036 of 1998 itself understood that the old Act would apply when it approached the High Court under sections 14 and 17 of the old Act for making the award rule of the court. It was only later