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State Bank of India Vs. Ram Das and Others
Andhra Pradesh
Mar-12-1998
Arbitration
Arbitration Act, 1940 - Sections 14(1), 17(1), 20, 21, 30 34 and 35; Arbitration (Amendment) Act, 1979 - Sections 1(5); Arbitration (Amendment) Act, 1990 - Sections 31(3); Arbitration (Amendment) Act, 1996 - Sections 74; The Arbitration and Conciliation Act, 1996; Tribunals and Inquiries Act, 1958 - Sections 12(1 and 3); Tribunals and Inquiries (Amendment) Act, 1971; Agricultural Holdings Act, 1945; Indian Contract Act, 1872 - Sections 76
1998(2)ALD548; 1998(3)ALT67
miscellaneous appeal and the civil revision petitions are accordingly allowed. No costs. Arbitration - non speaking award - Sections 14 (1) and 30 (c) of Arbitration Act, 1940 (As amended by Andhra Pradesh Act, 1990) - question to be … of the learned I Additional Judge, City Civil Court, Hyderabad, filed under Sections 30 and 34 of the Arbitration Act, 1940 to set aside the Award dated 8-8-1984. CRP No.5283/94 is directed against the judgment and decree dated 27-4-1993
Tag this Judgment! AI Brief & AskKoneru Venkata Subbaiah Vs. Koneru Venugopal and ors.
Andhra Pradesh
Sep-13-2001
Arbitration
Arbitration Act, 1940 - Sections 2, 14, 14(1) and (2), 15 to 18, 32 and 33; Limitation Act, 1963 - Schedule - Articles 119, 137 and 178; Registration Act, 1908 - Sections 17(1); Code of Civil Procedure (CPC), 1908 - Sections 151
2001(6)ALD213; 2002(1)ALT49
not filed by the Arbitrator into the Court, as contemplated under the provisions of Section 14 of the Arbitration Act, 1940. Section 14 reads as under:'Section 14: When the Arbitrators or umpire have made their award, they shall sign … is an unreasonable award. In the light of the amended provisions of Act 1 of 1990 by which Sections 14 and 17 are amended by insertion of the provisos, an unreasoned award passed by the arbitrators is illegal
Tag this Judgment! AI Brief & AskCompagnie De Saint GobaIn Vs. Fertilizer Corporation of India Ltd.
Delhi
Aug-28-1970
Arbitration
Arbitration Act, 1940 - Sections 14, 28, 33 and 47; Foreign Awards (Recognition and Enforcement) Act, 1961 - Schedule - Articles 1 and 5; Indian Arbitration (Amendment) Act, 1941
ILR1970Delhi927
for the suspension of the award till it was filedand made a rule of the Court under the Arbitration Act,1940. According to the petitioner's allegations, thepresent award becomes enforceable under the French law, in accordance with Article V(l)(e) … of Courts in France, it having been made in India, is a foreign award.; (ii) Arbitration Act - Sections 33 & 47 - Effect validity or existence of award--determination of--jurisdiction for--whether ousted even if the award be … make the award. Lord Devlin heard argumentsof the parties in Delhi from 14th to 25/04/1969.A further protocol was signed by the parties on 25/04/1969, specifically … Corporationof India Limited, which is a Government Companyregistered under the Companies Act, 1956 having itsregistered office in New Delhi, for the construction ofNangal Fertilizer group
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itc Ltd. Vs. Pradeep Anand and ors.
Delhi
Apr-22-1999
Arbitration
Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 & 2; Arbitration Act, 1940 - Sections 14 and 28; Foreign Awards Act, 1961
1999IVAD(Delhi)240; 80(1999)DLT82
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 … 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 … 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
Tag this Judgment! AI Brief & AskOriental Fire and General Insurance Company Ltd. Vs. Hindustan Agro Ag ...
Mumbai
Jul-02-2002
Arbitration
Arbitration Act, 1940 - Sections 14(1)
2003(1)ALLMR80; 2003(1)BomCR244
parties of the making and signing of the Award. This notice was given under the provisions of section 14(1) of the Arbitration Act, 1940. The arbitrator stated therein that if desired by the parties or by any … June, 1985 of the learned Joint Civil Judge, Senior Division, Nagpur, in proceedings which arise out of the Arbitration Act, 1940.2. On 1st November, 1972, the respondents insured certain goods with the appellant for the purpose of covering the … ground between the learned Counsel that the appellant filed its objections under sections 30 and 33 of the Arbitration Act on 2nd April, 1982. 8.
Tag this Judgment! AI Brief & AskOil and Natural Gas Corporation Ltd. Vs. Nippon Steel Corporation Ltd.
Supreme Court of India
Nov-07-2006
Arbitration
Arbitration Act, 1940 - Sections 13, 14, 14(1), 14(2), 30, 33, 34 and 39(1); Companies Act, 1956; Limitation Act, 1963 - Schedule - Articles 119 and 137; Code of Civil Procedure (CPC) - Order 3, Rule 5; Bombay High Court (Original Side) Rules - Rule 786
AIR2007SC327; 2006(4)ARBLR171(SC); 2007(1)AWC648(SC); 2007(4)BomCR233; [2006]134CompCas712(SC); JT2006(10)SC238; 2006(12)SCALE211; (2007)2SCC382
Ltd. (for short 'ONGC') in the Court on 23.3.1996 is the deemed notice under Section 14(2) of the Arbitration Act, 1940 and whether the limitation for setting aside the said award at the instance of ONGC shall commence from … appellant in arbitration proceedings about filing of award is not notice, either actual or constructive to appellant. -- Sections 14 (2) & 30: Computation of limitation for application to set aside of award - Held, Date of service … the High Court of Judicature at Bombay in Appeal No. 321 of 1997 in Arbitration Petition No. 260 of 1996 in Award No. 98 of
Tag this Judgment! AI Brief & AskGas Authority of India Ltd. Vs. Spie Capag, S.A. and Others
Delhi
Oct-15-1993
Arbitration
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
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 … of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as invalid, illegal … 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 … or not Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 (for short 'FARE Act') is applicable to the arbitration agreement contained in
Tag this Judgment! AI Brief & AskM. Venkataratnam and anr. Vs. M. Chelamayya and anr.
Andhra Pradesh
Apr-01-1966
Arbitration
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
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
Tag this Judgment! AI Brief & AskShiv Lal Vs. Food Corporation of India
Rajasthan
Jan-07-1997
Arbitration
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
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 … Depot, Chanderia for a period of two years beginning from 15-3-1974 to 14-3-1976. The appellant (Contractor) also submitted his tender and the same was accepted
Tag this Judgment! AI Brief & AskKehar Dass Vs. Tarak Singh and anr.
Punjab and Haryana
Aug-10-1973
Arbitration
Arbitration Act, 1940 - Sections 14(1), 14(2), 15, 16, 17, 30, 32 and 33; Indian Contract Act, 1872 - Sections 28; Specific Relief Act - Sections 14
AIR1974P& H133
For deciding the important question of law, it will be useful to peruse some relevant sections of the Arbitration Act, 1940(hereinafter referred to as the Act). Sub-section (b) of Section 2 defines 'award' which means an arbitration award. Section … in the plan attached forcibly, but the same was got closed by the Superintendent of Police, Ludhiana on 14-1-1962 vide the order of the Superintendent of Police, Ludhiana on 7-1-1962.'A reading of the aforesaid paras shows that
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