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Cref 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 & 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 … 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 … 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 & 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
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Hindustan Construction Corporation Vs. Mazagon Dock Ltd.
Mumbai
Jan-21-1998
Arbitration
Arbitration Act, 1940 - Sections 16(1), 30 and 33; Arbitration and Conciliation Act, 1996; Indian Contract Act, 1872 - Sections 73 - Rule 787(5)
1998(2)BomCR490
decree be stayed for a period of six weeks. Order accordingly.21. Petition dismissed. Arbitration - arbitral award - Sections 16, 30 and 33 of Arbitration Act, 1940 - petition filed under Sections 30 and 33 with prayer to … ORDERS.S. Nijjar, J.1. This petition, has been filed under sections 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') with a prayer for setting aside the Award dated 10th February, 1997
Tag this Judgment! AI Brief & AskM/S Lloyd Insulations (India) Ltd. and ors. Vs. Cement Corporation of ...
Delhi
Jan-24-2001
SICA
The Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 16, 17, 22 and 25; Arbitration Act, 1940 - Sections 14, 17 and 20; Companies Act, 1956 - Sections 18; Negotiable Instruments Act, 1881 - Sections 138, 141 and 142; Code of Civil Procedure (CPC), 1908 - Sections 9 and 86(1) - Order 6, Rule 17
2001IIAD(Delhi)567; 90(2001)DLT1; 2001(57)DRJ606; 2001(1)RLR268
as to whether this bar would apply to arbitration proceedings pending under sections 14 and 17 of the Arbitration Act, 1940 as well? In both the appeals, arbitrators have rendered their awards after the arbitration proceedings which were conducted … provisions of Section 22(1) of the SICA where in respect of a industrial company an inquiry under Section 16 is pending or any scheme referred under Section 17 is under preparation or consideration or a sanctioned scheme
Tag this Judgment! AI Brief & AskHanuman Prasad and Brothers Vs. Union of India and anr.
Rajasthan
Mar-16-2001
Arbitration
Arbitration Act, 1940 - Sections 16(1); Limitation Act - Sections 5
2001(4)WLN464
reasons, invalidates the award and the award is to be remitted to Arbitrator under Section 16(i)(c) of the Arbitration Act, 1940. It was a case where the arbitration agreement had specifically provided that in case the claim is in … by the respective parlies, but the objections filed by ihe respondent were late by 18-20 days. Application under Section 5 of the Limitation Act was also filed. The Court vide its order dated 23.1.1999 had made the
Tag this Judgment! AI Brief & AskRajputana Hotels Pvt. Ltd. Vs. Pradeep Kumar Sriya
Rajasthan
May-27-1999
Arbitration
Arbitration Act, 1940 - Sections 16; Arbitration and Reconciliation Act, 1996 - Sections 85(1)
AIR1999Raj312; 1999(3)WLC660; 1999(1)WLN651
appearing for the petitioner canvassed that impugned order appears to have been passed under Section 16 of the Arbitration Act, 1940 (for short the Old Act). The Old Act has been repealed by Arbitration and Reconciliation Act, 1996 (for … G.S. Bafna, learned counsel appearing for the petitioner canvassed that impugned order appears to have been passed under Section 16 of the Arbitration Act, 1940 (for short the Old Act). The Old Act has been repealed by … ORDERShiv Kumar Sharma, J. 1. The petitioner seeks to quash the order dated March 8, 1999 of
Tag this Judgment! AI Brief & AskThe State Electricity Board, Tamil Nadu Vs. the Sree Meenakshi Mills L ...
Chennai
Mar-21-1974
Arbitration
Arbitration Act, 1940 - Sections 16(1)
AIR1975Mad139
order. In the circumstances of the case, we pass no order as to costs. Arbitration - exemption - Sections 16 (1) of Arbitration Act, 1940 - dispute regarding entitlement of respondent to tax exemption on ground of being new … final despite its being wrong in law. In India this question is governed by Section 16(1)(c) of the Arbitration Act. 1940 which empowers a court to remit an award for reconsideration 'where an objection to the legality of the
Tag this Judgment! AI Brief & AskRaipur Development Authority and ors. Vs. Chokhamal Contractors and or ...
Supreme Court of India
May-04-1989
Arbitration
Arbitration Act, 1940 - Section 16(1)(c); Indian Contract Act, 1872 - Section 28; Limitation Act, 1963 - Article 119
AIR1990SC1426; 1989(1)ArbLR430; JT1989(2)SC285; 1989(1)SCALE1279; 1989(2)SCC721; 1989(3)SCR144
argued by learned counsel on both the sides is whether an award passed under the provisions of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is liable either to be remitted under Section 16(1) (c) of the … Section 312 of 325 of Act 8 of 1859 dealt with arbitration between parties to a suit while Sections 326 and 327 dealt with arbitration without the intervention of a court. These provisions were in operation when
Tag this Judgment! AI Brief & AskNaraIn Das Hari Vansh Vs. Kanpur Nagar Mahapalika
Allahabad
May-03-1962
Arbitration
Arbitration Act, 1940 - Sections 16, 16(1) and 23
AIR1963All269
from the respondent in respect of this appeal. (i) Arbitration - power of Court - Section 23 of Arbitration Act, 1940 - reference to arbitration by Court - jurisdiction of Court remain suspended and limited till arbitration superseded. (ii) … was tried to be supported before us was that the award was liable to be remitted under Section 16(1)(c) of the Arbitration Act, because there was an objection to the legality of the award apparent on the … Provided that the Court may, in any of the circumstances mentioned in Sections 8, 10, 11 and 12, instead of filling up the vacancies or
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