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indramoni Mohapatra Vs. Nilamoni Moharana
Orissa
Dec-07-1949
Arbitration
Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3; Contract Act, 1872 - Sections 23; Specific Relief Act, 1877 - Sections 21
AIR1950Ori169
in either the Civil Procedure Code or Act IX [9] of 1899. With the enactment of the Indian Arbitration Act, 1940, Section 21 so for as is material to arbitration contracts baa been fully recast and in its present … to arbitration has become irrevocable. 6. The proviso cannot be dissociated from the history as well as from Sections 16 and 47 of the Act. The sections read: 'The provisions of this Act, except Sub-section (1) of Section
Tag this Judgment! AI Brief & AskSant Nilobarai Transport (P.) Ltd. Vs. Ganesh Container Movers Syndica ...
Mumbai
Jul-06-1999
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 7; Industrial Disputes Act, 1947 - Sections 2, 7, 16 and 34; Arbitration Act, 1940 - Sections 2-A
2000(2)BomCR219; 1999(3)MhLj216
Supreme Court of India has observed while interpreting what is an 'Arbitration Agreement' under section 2-A of the Arbitration Act, 1940 is that'What is required to be ascertained is whether the parties have agreed that if dispute arise between … rule on its own jurisdiction. Therefore, the submission of Mr. Thakkar has no substance whatsoever in view of sections 16 and 34 of the Arbitration and Conciliation Act, 1996. 25. Under the aforesaid facts and circumstances, as observed
Tag this Judgment! AI Brief & AskPradeep Anand Vs. I.T.C. Ltd. and ors.
Delhi
Mar-13-2000
Arbitration
Arbitration Act, 1940 - Sections 14, 17, 30 and 33; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2
2000IIIAD(Delhi)965
the meantime, the ITC had also filed an Application being OMP No. 16/95 under Section 33 of the Arbitration Act 1940 for determination of the existence and validity of the Cooperation Agreement. This Application was also dismissed as withdrawn … for Rs. 10 crores in their favor and against ITC and Anands Along with interest. The Petition under Sections 32, 33 and 35 of the Arbitration Act was also filed by the said Toshiba Corporation and Toshiba
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Gas 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 … 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 … the draft has a small history which may be of academic interest. 16. ECOSOC by its resolution No. 520 (XVII) dated May 6, 1954 established
Tag this Judgment! AI Brief & AskNational Insurance Co. Ltd. Vs. Boghara Polyfab Pvt. Ltd.
Supreme Court of India
Sep-18-2008
ArbitrationInsurance
Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(6), 11(7), 16, 16(1) and 20; ;Arbitration Act, 1940 - Sections 8, 9, 20 and 33; Consumer Protection Act, 1986
AIR2009SC170; 2008(3)ARBLR633(SC); 2008(4)AWC4133(SC); 2009(4)BomCR891; 2008BusLR961(SC); JT2008(10)SC448; (2008)8MLJ568(SC); (2008)152PLR709; 2008(12)SCALE654; (2009)1SCC267; 2008AIRSCW7084; 2008(6)LHSC3823.; [2008] 13 SCR 638; MANU/SC/4056/2008
new Act, combined the power vested in the court under Sections 8 and 20 of the old Act (Arbitration Act, 1940). This Court held:It is necessary to define what exactly the Chief Justice, approached with an application under Section … valid and there cannot be any subsequent claim or reference to arbitration. INDIAN CONTRACT ACT (9 of 1872) Sections 16, 17 & 19: [R.V. Raveendran & Lokeshwar Singh Panta, JJ] Arbitration Clause Plea as to discharge of contract
Tag this Judgment! AI Brief & AskThe Indian Minerals Co. Vs. the Northern India Lime Marketing Associat ...
Allahabad
Nov-28-1957
Arbitration
Arbitration Act, 1940 - Sections 16, 20, 23(2), 30, 31, 31(1), 32, 39(1) and 41; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17
AIR1958All692
and the award dated 14-2-1953, is set aside. Arbitration - incomplete award - Sections 16,30 and 31 of Arbitration Act, 1940 - jurisdiction of Court - jurisdiction of Arbitrator - held, in case of incomplete award Court can either
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited Vs. Municipal C ...
Delhi
Mar-05-2002
CivilArbitration
Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 15 and 15(2) - Order 20, Rule 6 - Order 21, Rules 11(1), 11(2) and 17(1A); Indian Arbitration Act, 1940 - Sections 20, 30, 31, 32 and 33
AIR2002Delhi347; 2002(2)ARBLR7(Delhi); 2002(63)DRJ38
inasmuch as the only application dismissed by the court was is 9207/97 (i.e. one under Section 30 of Arbitration Act, 1940) and not the is 818/2000 (application under Section 33 of the Arbitration Act, 1940). Application under Section 33 … metamorphosis of the sole Proprietary concern with the Limited Company, and Clauses 16 and 18 respectively contained the Arbitration Clause. This is not a case … dated 17.1.2002 is not in the correct prospective as it has failed to distinguish between the scope of Sections 30 and 33 still the fact remains that the objections contained in both the applications were dismissed and
Tag this Judgment! AI Brief & AskState of Rajasthan Vs. Nav Bharat Construction Co.
Rajasthan
Dec-10-1999
Arbitration
Arbitration Act, 1940 - Sections 16(1), 29, 30 and 33
AIR2000Raj180
1. The State has preferred this misc. appeal under Section 39 of the Arbitration Act, 1940 (for short 'the Act') challenging the judgement and decree dt. 16-7-1996 passed by the District Judge Jhalawar, whereby … 29-5-1995 till payment. Against application dt. 30-5-1995 of the Company, the State raised objections besides submitted application Under Sections 30 & 33 of the Act on 3-7-1995 praying therein for setting aside the Award (sic) on 9-11-1995
Tag this Judgment! AI Brief & AskCref Finance Limited Vs. Puri Construction Ltd. and ors.
Delhi
Apr-18-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 16(2), 17 and 37(2); Orissa Sales Tax Rules, 1947 - Rule 49(1); Indian Limitation Act, 1908 - Schedule - Article 182; Benami Transaction (Prohibition) Act, 1988 - Sections 4(1); Arbitration Act, 1940 - Sections 39(1 and 2); Code of Civil Procedure (CPC), 1908 - Sections 100, 104, 106(2) - Order 43, Rule 1; India Act, 1915; Delhi High Court Act, 1966 - Sections 10(1); Delhi Rent Control Act, 1958 - Sections 39 and 43
AIR2001Delhi414; 2001(60)DRJ85
portals of any Court.12. At this juncture it would proper to take note of Section 39(1),(2) of the Arbitration Act, 1940 (in short, the Old Act).Section 39(2) of the Old Act expressly prohibited a second appeal from the order … learned Single Judge dated 12.2.2001 in FAO 75 OF 2001 holding the same to be not maintainable under Section 37(2) of the Arbitration and Conciliation Act, 1996 (in short the Act). Subject matter of the said appeal … of the appellant was that order of the Arbitrator is under Section 16(2) of the Act and consequently an appeal against the said order is
Tag this Judgment! AI Brief & AskNiit Limited Vs. Ashish Deb and Excel Advanced Systems Pvt. Ltd. Rep., ...
Chennai
Feb-13-2004
ContractArbitration
Arbitration Act, 1940 - Sections 16
2004(2)ARBLR133(Madras); (2004)2MLJ134
from today. With the above direction, the above Appeal is allowed. No costs. Arbitration - arbitration clause - Sections 8 and 16 of Arbitration Act, 1940 - application by defendant under Section 8 to stay further proceedings … Apex court in the decision in Jaikishan v. L.Manoria & Co., 1974 SC 1579, arising out of the Arbitration Act 1940, held that since the plaintiffs in the suit has challenged the entire agreement as illegal, the question of
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