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State of Orissa Vs. Shanti Devi and ors.

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29, 30 and 39(1); Code of Civil Procedure (CPC) - Sections 34; Interest Act, 1978 - Sections 3; Interest Act, 1839

Reported in : AIR1992Ori144

orders since Mahabir Prasad Agarwalla was dead by then. Those miscellaneous appeals preferred under Section 39 of the Arbitration Act, 1940 (hereinafter to be referred as 'the Act') were heard together as a common question of law was raised … interest then the court could grant on passing the decree under Section 29 of the Act. 8. It is worthwhile to make a reference to … This Court in the aforesaid judgment dated 23-12-1987 held that when the appointment of the Arbitrator was under Sections of the Act, he had jurisdiction to decide the question of limitation. When the Arbitrator on the facts

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1839 - Sections 1; Code of Civil Procedure (CPC), 1908

Reported in : AIR1967Bom347; (1966)68BOMLR586

been raised in this notice of motion is as to whether the Court under Section 29 of the Arbitration Act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the … from the date of the award till the p passing of the decree on the ground that under Section 29 of the Arbitration Act the Court has power to award interest at such rate as it deems

State of Andhra Pradesh and anr. Vs. Tippireddy Channareddy and ors.

Court : Andhra Pradesh

Subject : LimitationArbitration

Acts : Limitation Act, 1963 - Schedule - Articles 14(2), 113, 119 and 137; Arbitration Act, 1940 - Sections 3(2), 13, 14 (2), 15, 17, 29 and 167; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 41, Rules 5 and 23; Indian Contract Act, 1872 - Sections 23

Reported in : 1998(1)ALD441; 1998(1)ALT218

Matched in: Advocate Government Pleader for Arbitration Mr. Singam Venkata Subba Rao, Adv.

Mic Electronics Limited and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 3, 4 to 24, 30, 33, 34 and 43; Limitation Act, 1963 - Sections 5 and 29(2); Constitution of India - Article 227; Limitation (Amendment) Act, 1996 - Sections 29(2); Code of Civil Procedure (CPC), 1908 - Order XXI; Arbitration Act, 1940

Reported in : 2002(1)ALD191; 2001(6)ALT249

that 'Section 5 of the Limitation Act, 1963 is applicable to all applications under the provisions of the Arbitration Act, 1940 other than those under Order XXI of the Code of Civil Procedure.'18. In Union of India v. Hanuman … 1996?14. It is required to notice that Section 29(2) of the Limitation Act, 1963 makes the provisions of Sections 4 - 24 applicable to special laws like the Arbitration Act, 1996. There cannot be any dispute that

Shiv Lal Vs. Food Corporation of India

Court : Rajasthan

Subject : Arbitration

Acts : 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

Reported in : 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 … possible the matter is not to be referred to Arbitration at all.' 29. Thus, it is clearly borne out from the term of the contract

Akshat Commercial Pvt. Ltd. and anr. Vs. Kalpana Chakraborty and ors.

Court : Kolkata

Subject : BankingLimitation

Acts : Limitation Act, 1963 - Sections 2, 2(1), 4 to 29 and 31 - Schedule - Articles 118 to 137; ;Limitation Act, 1908 - Schedule - Articles 97 and 182; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(1), 13(4), 13(5), 17, 17(1), 17(4), 17(5), 17(6), 17(7), 24, 34, 35, 36 and 37; ;Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 24; ;Companies Act, 1956; ;Securities Contracts (Regulation) Act, 1956; ;Securities and Exchange Board of India Act 1992; ;Indian Contract Act, 1872 - Section 25; ;Indian Easements Act, 1882 - Section 2; ;West Bengal Land Reforms (Amendent) Act, 1972 - Sections 6, 7, 8 and 9; ;Arbitration Act, 1940 - Section 20 and 20(2); ;Indian Divorce Act, 1869; ;Uttar Pradesh Ag

supplied)35. There are several instances where suits are initiated otherwise by filing a plaint. Section 20(2) of the Arbitration Act, 1940 provides that an application to file an arbitration agreement in Court shall be registered and numbered as a … Debts Due to Banks and Financial Institutions Act, 1993 and also Section 29 of the Limitation Act, 1963 which are quoted below:17. Right to appeal.--(1) … the Limitation Act.8. In order to appreciate the aforesaid question, it will be profitable to refer to the Sections 17, 35, 36 and 37 of the SARFAESI Act and Section 24 of the Recovery of Debts Due

Union of India (Uoi) and anr. Vs. Satna Stone and Lime Co. Ltd., Satna ...

Court : Madhya Pradesh

Subject : Arbitration

Acts : Railway Act, 1890 - Sections 3(13) and 29(2); Arbitration Act, 1940 - Sections 37(3)

Reported in : AIR2000MP101

the matter was under consideration, with the result, the Company filed an application under Section 20 of the Arbitration Act, 1940. The proceedings were contested on the ground that the application was barred by limitation. This objection was rejected … case, the parties are left to bear their own costs. Arbitration - Reference - Recovery of Maintenance - Sections 3(13) and 29(2) of Railway Act - Respondent entered into agreement with appellant for some work - Dispute

Milkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 2(2), 2(7), 3, 8(1), 8(2), 10, 11, 12, 17, 20, 20(1), 20(4), 30, 32, 33, 34, 37, 37(3), 37(5), 39, 39(2) and 48; Constitution of India - Article 136; Arbitration and Conciliation Act, 1996 - Sections 3, 8, 17, 21, 22, 23(3), 24(1), 25, 26, 29, 31, 43, 43(1), 43(2), 47, 48, 49, 85, 85(1) and 85(2); ;Limitation Act, 1980 - Sections 34(3); Limitation Act, 1908; Limitation Act, 1963 - Sections 14; UNCITRAL Arbitration Rules - Article 3; Arbitration (Protocol) and Convention Act, 1937; General Clauses Act - Sections 6; Interest Act, 1978

Reported in : 2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)

S.B. SINHA, J : Interpretation of certain provisions of the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996 (for short '1940 Act' and '1996 Act' respectively) is in question … in that view of the matter the 1940 Act shall be applicable in the instant case. Referring to Sections 21 and 85 of the 1996 Act, Mr. Salve would urge that there are well-known expressions in the … is relatable to the other purposes also, as, for example, see Section 29(2) of English Arbitration Act, 1950. The date when arbitration proceeding commences would

N.S. Nayak and Sons, Vs. State of Goa and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 17, 21, 23(3), 24(1), 25, 26, 29, 30, 31, 32 and 37; Arbitration and Conciliation Act, 1996 - Sections 34, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28

Reported in : 2003(3)ARBLR109(SC); (2003)3CompLJ193(SC); 2003(4)SCALE622; (2003)6SCC56; [2003]44SCL460(SC); 2003(2)LC1227(SC)

a contention was raised by the appellant that appeals filed by the respondents under Section 37 of the Arbitration Act, 1940 (hereinafter referred to as the 'Old Act'), are required to be decided on the basis of Arbitration and … parties' used in various Sections namely, 17, 21, 23(3), 24(1), 25, 26, 29, 31, 85(2)(a) etc. indicates that it is open to the parties to … mind of everybody, i.e., the arbitrators and the parties that the award given should not fall foul of Sections 30 and 32 of the old Act. Nobody at that time could have thought that Section 30 of

Union of India Vs. Ms Krafters Engineering and Leasing (P) Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Section 29, 41, 3, 31(7); Code of Civil Procedure (CPC) , - Section 34; Arbitration and Conciliation Act, 1996

G.C. Roy, (1992) 1 SCC 508, the Constitution Bench had considered Section 29 of the Arbitration Act, 1940 which deals with interest pendente lite. After … payable to the contractor under the contract. 7) It is not in dispute that the provisions of the Arbitration Act, 1940 alone are applicable to the case on hand. Now, let us consider various decisions of this Court dealing … awarded with a contract for the work of Provision of Signaling Arrangements at "C" Class Stations on Igatpuri-Bhusawal Section and 2 "C" Stations on Bhusawal-Badnera Section of Bhusawal Division of Central Railway at the cost of Rs.18,10,400/-.