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The Vanguard Fire and General Insurance Company Limited, Madras-i Vs. ...
Kerala
Dec-21-1962
Arbitration
Arbitration Act, 1940 - Sections 2, 34, 36, 37 and 37(2)
AIR1963Ker270
this case, I order bothparties to bear their costs here and in the courtbelow. Arbitration - recovery - Sections 2, 34, 36, 37 and 37 (2) of Arbitration Act, 1940 - whether defendant ought to have applied under … Court that because the defendant did not apply for stay of the suit under Section 34 of the Arbitration Act 1940 the suit was maintainable, is erroneous.5. The question that arises for consideration is whether the defendant ought to
Tag this Judgment! AI Brief & AskM/S. Enkay Construction Company Vs. the Vice Chairman, Dda and anr.
Delhi
Jul-06-2000
ContractArbitration
Limitation Act, 1940 - Sections 4 and 5; Arbitration Act, 1940 - Sections 14(2), 17, 29 and 33; Code of Civil Procedure (CPC), 1908 - Order XXI
2000(3)ARBLR8(Delhi); 86(2000)DLT748; 2000(54)DRJ824
No. 197-A of 1995 has been filed by the Petitioner under Sections 14(2), 17 and 29 of the Arbitration Act, 1940 for pronounc-ing a decree in terms of the Award. Notice of this Petition/Suit was served on the DDA
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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
La'Builde Corporation Vs. Hira Investment Pvt. Ltd.
Mumbai
Sep-13-1990
Arbitration
Arbitration Act, 1940 - Sections 15, 20, 20(1) and 30
1990(3)BomCR777
the partial success of the parties, there shall be no order as to costs. Arbitration - award - Sections 15, 20 and 30 of Arbitration Act, 1940 - petition filed to set aside award passed by arbitrators … by the arbitrators before entering into the references in accordance with the subject to the provisions of the Arbitration Act, 1940.'(d) The respondent paid municipal taxes in respect of building 'B' and building 'E' which were payable by the … Arbitrators. By the said Award, the learned Arbitrators have rejected claims Nos. 2 and 5 appearing in the Statement of Claim and have declared that
Tag this Judgment! AI Brief & AskAlluminite Pvt. Ltd. Vs. General Insurance Corporation of India
Mumbai
Apr-24-2008
Arbitration
Arbitration Act, 1940; Arbitration and Conciliation Act, 1996 - Sections 4, 13, 34 and 85(2)
2008(4)ARBLR298(Bom); 2009(1)BomCR391; 2008(5)MhLj12
arbitration proceedings commenced on 17th October, 1995 and, therefore, they ought to be governed by the provisions of Arbitration Act, 1940, besides there was no specific or express agreement between the parties that the provisions of the 1940 Act … Arbitration and Conciliation Act, 1996 would apply to the arbitration proceedings, and hence the arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 was not maintainable.2. Drawing our attention to the award passed
Tag this Judgment! AI Brief & AskKasiraju Lakshmikanta Rao Vs. Dendukuri Venkateswarlu and anr.
Andhra Pradesh
Nov-12-1959
CivilArbitration
Arbitration Act, 1940 - Sections 30, 33 and 44 - Schedule - Article 11; Arbitration Rules - Rules 1 and 2
AIR1960AP576
dismissing I. A. Nos. 2562(a) and 2562(b) of 1957, respectively.4. Now, Article 158, Limitation Act, as amended by Arbitration Act, 1940, provides a period of thirty days from the date of service of the notice of filing of the … the deficit Court-fee. On the same day he filed two applications, I.A. No. 2562 (a) of 1957 under Sections 149 and 151, Civil Procedure Code, for excusing the delay in the representation of the petition for setting … the balance of the Court-fee of Rs. 195/- to make up Rs. 200/- which is the fee prescribed under Article 11 (m) Schedule II of
Tag this Judgment! AI Brief & Aski.T.C. Ltd. Vs. George Joseph Fernandes and anr.
Supreme Court of India
Nov-19-2004
ArbitrationCivil
Arbitration Act, 1940 - Sections 14(2) and 34; Limitation Act, 1963 - Article 119B
2004(3)ARBLR530(SC); 2005(1)CTC62; JT2005(6)SC262; 2004(9)SCALE561; (2005)10SCC425
the sum of Rs. 39.64 lakhs.3. On 24.4.1979 the applicant filed a petition under Section 34 of the Arbitration Act, 1940 praying for stay of the aforesaid suit in view of the Arbitration clause contained in the agreement. The … The application is accordingly disposed of without any order as to costs. Arbitration - Arbitration Act, 1940 - Sections 14(2) and 34; Limitation Act, 1963 - Article 119B - Arbitration Award - Transfer Petition - Applicant and
Tag this Judgment! AI Brief & AskMunicipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...
Mumbai
Jun-19-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 37, 85(1) and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3 and 13; General Clauses Act, 1897 - Sections 8 and 8(1); Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Constitution of India; Arbitration and Conciliation Ordinance, 1996; Bombay High Court (Original Side) Rules, 1980 - Rule 28
2008(6)BomCR540
in the said Act would therefore disclose that any award which is not passed or declared under the Arbitration Act, 1940 if challenged by way of petition or appeal with an intention to get it set aside or modified, … Objection raised by office that proper court fee not paid - Hence, present petition - Considering facts and sections of said Act court held that an application under section 34 of Arbitration Act 1996 could attract fee … (Maharashtra Industries Development Corporation v. Govardani Constructions Company) Appeal No. 903 of 2006 decided on 7th March, 2007 (Coram: R.M.S. Khandeparkar and Dr. D.Y. Chandrachud,
Tag this Judgment! AI Brief & AskThe Textile Labour Association, Ahmedabad Vs. the Labour Appellate Tri ...
Mumbai
Oct-03-1955
Labour and Industrial
Bombay Industrial Relations Act, 1946 - Sections 66, 68, 72, 74, 74(1), 74(2), 75, 76, 78 78(1)A and 84; Bombay Industrial Relations (Amendment) Act, 1947; ;Arbitration Act, 1940 - Sections 14, 30, 31, 32 46 and 49; Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 2, 7, 22 and 23; Constitution of India - Articles 226 and 227
AIR1956Bom746; (1956)58BOMLR26; ILR1956Bom247; (1957)IILLJ435Bom
68 provides: 'The proceedings in arbitration under this Chapter shall be in accordance with the provisions of the Arbitration Act, 1940, in so far as they arc applicable and the powers which are exercisable by a Civil Court under … Petition dismissed. Bombay Industrial Relations Act (Bom. XI of 1947), Sections 68, 66 -- Arbitration Act (X of 1940), Sections 30, 14, 31, 46 -- Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950), Sections 7, 2(c)(iii) --Industrial dispute
Tag this Judgment! AI Brief & AskThe Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...
Chennai
Feb-09-1973
ContractArbitration
Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23
AIR1974Mad261
3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … learned Judge and allow the appeal. The appellant will be entitled to his costs. Arbitration Act (X of 1940), Sections 2(c) and 20--Scope-Application to file arbitration, agreement into Court, for appointment of an arbitrator to decide dispute-Court in
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