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National Projects Constructions Corporaton Limited Vs. Bundela Bandhu ...
Delhi
Apr-18-2007
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 14(2), 17, 30, 31(1), 31(5), 32, 32(5), 33(1), 33(4), 34, 34(1), 34(3), 35 and 43; Limitation Act, 1963 - Sections 14, 5 and 29(2) - Articles 119 and 158; Arbitration Act, 1940; Companies Act; Code of Civil Procedure (CPC) - Order 7, Rule 10 and 10A - Order 19 - Order 39, Rule 2 - Order 37, Rule 3(2)
AIR2007Delhi202; 2007(2)ARBLR239(Delhi); II(2007)BC610; 139(2007)DLT676
not thereafter' wholly otiose. No principle of interpretation would justify such a result.4. The regime of the repealed Arbitration Act, 1940, was that an Award had to metamorphose itself into being the 'rule of Court' before it attained executable … This Appeal assails the Order of the learned Single Judge passed on 9.12.2004 dismissing the Appellant's Objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'A and C Act') on the grounds that … invalid has to make an application. We may also refer to Section 32 which lays down that ``notwithstanding any law for the time being in
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 … approach the Court to have it determined either under Sections 31 & 32 read together, or approach the Court under Section 20 and request that … 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 & AskFirm Gulzarimal Gheesalal Vs. Firm Rameshchandra Radhyeshyam
Rajasthan
Feb-17-1959
Arbitration
Code of Civil Procedure (CPC) , 1908 - Sections 9 and 100 to 101; Arbitration Act, 1940 - Sections 32 and 33
AIR1959Raj162
virtually a suit to enforce an award. Learned counsel relied on Sections 32 and 33 of the Indian Arbitration Act, 1940 (Act No. X of 1940), which came into force in this State sometime in January 1950. 7. It
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Antyakula Eswara Rao Vs. Gudla Kumaraswamy and Others
Andhra Pradesh
Oct-05-1999
ArbitrationFamily
Arbitration Act, 1940 - Sections 14(2), 30, 31(2), 32, 33, 34 and 35; Registration Act, 1908 - Sections 17(1); Stamp Act, 1899 - Sections 2(15); Code of Civil Procedure (CPC), 1908 - Order 41, Rule 27; Limitation Act, 1963 - Article 158
1999(6)ALD740; 1999(6)ALT644
For proper appreciation of the case, it is necessary to refer to some of the provisions of the Arbitration Act, 1940 (No.X of 1940) (hereinafter called the 'Act'). Section 14 deals with the filing of the award which reads … in Section 32 that a suit on the original cause of action would be barred, the scheme of Sections 30, 31(2) and 32 would be that a suit on the original cause of action would be barred
Tag this Judgment! AI Brief & AskKedar Nath Vs. Ambika Prasad and ors.
Allahabad
Jan-31-1973
Arbitration
Arbitration Act, 1940 - Sections 32
AIR1974All37
filed by the defendant No. 2 Is this suit hit by the provisions of Section 3 of the Arbitration Act. 1940, read with Sub-section (7) of the First Schedule thereof and is hit also by the provisions of the … read with Rule 7 of the First Schedule as also by Section 32 of the same Act. Certain other pleas in defence were taken, but … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised
Tag this Judgment! AI Brief & AskO. Mohamed Yusuf Levai Saheb Vs. S. Hajee Mohammed HussaIn Rowther (Di ...
Chennai
Mar-22-1963
ArbitrationLimitation
Arbitration Act, 1940 - Sections 2, 3, 14, 17, 30, 32 and 33; Limitation Act, 1908 - Schedule - Article 178
AIR1964Mad1
of Court, and, which has not been filed into Court in accordance with the provisions of the Indian Arbitration Act, 1940 can be pleaded as a defence to a suit instituted by a party thereto on the basis of … ILR (1949) Mad 111 : AIR 1948 Mad 436 Happen and Govindarajachari JJ. held that the provisions of Sections 32 and 33 of the Arbitration Act, did not extend to a defence as opposed to the filing of
Tag this Judgment! AI Brief & AskM.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...
Supreme Court of India
Oct-08-2003
Arbitration
Arbitration Act, 1940 - Sections 20, 30, 32, 33 and 41; West Bengal Municipal Act, 1932; West Bengal Municipal Act, 1993 - Sections 204, 214 and 440; T. and C. Development Planning Act, 1979; West Bengal Land Reform Act; Contract Act - Sections 23, 56, 65 and 70; Consumer Protection Act, 1986 - Sections 14; Code of Civil Procedure (CPC) - Sections 10 and 151; Arbitration and Concilation Act, 1996 - Sections 17
AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)
An arbitrator in a situation of this nature had no jurisdiction to pass the interim order under the Arbitration Act, 1940 in absence of any specific agreement in relation thereto. The learned arbitrator by an interim order could not … Indrajit Sinha v. B.L. Rathi : AIR1984Cal281 , it is stated:'When Section 32, Arbitration Act, completely prohibits a Civil Court from deciding the existence and … as to whether the award of the learned arbitrators suffer from any legal infirmity within the meaning of Sections 30 and 33 of the Arbitration Act and no more.137. We, therefore, for the aforementioned reasons, while upholding
Tag this Judgment! AI Brief & AskState of Orissa and Orissa Mining Corporation Vs. Klockner and Company ...
Supreme Court of India
Apr-16-1996
CivilArbitration
Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Arbitration Act, 1940 - Sections 32 and 34; Government of Orissa (Law Department) promulgated Ordinance, 1991
[1996]87CompCas644a(SC)
effect to the provision contained therein and making it prevail over anything to the contrary contained in the Arbitration Act, 1940 or the Code of Civil Procedure, 1908. Secondly, unlike Section 34 of the Arbitration Act which confers a … contains an arbitration clause is challenged. The bar to suit under Section 32 of the Arbitration Act extends to a case where the existence, effect … on coming to know of the suit filed by the appellant moved the Miscellaneous Case No. 426/93 invoking Section 3 of the Foreign Awards (Recognition Co. Enforcement) Act, 1961 for stay of the suit.11. Aggrieved by the
Tag this Judgment! AI Brief & AskKishan Swaroop Ashok Kumar and ors., Etc. Vs. the Podar Mills Ltd. and ...
Mumbai
Aug-01-1986
Arbitration
Arbitration Act, 1940 - Sections 34; Negotiable Instruments Act - Sections 32
AIR1987Bom198; 1986(3)BomCR1
there shall be no order as to costs.23. Appeals dismissed. Arbitration - arbitration clause - Section 34 of Arbitration Act, 1940 and Section 32 of Negotiable Instruments Act - under Section 34 where any party to an arbitration agreement … only if the Government forms opinion that said publication contains matter which is an offence under either of Sections 124-A, 153-A, 153-B, 292, 293, 295A of I.P.C., - , at any time before filing a written statement
Tag this Judgment! AI Brief & AskKapgal Konda Gireanna and anr. Vs. Kapgal Konda Basappa
Karnataka
Feb-08-1963
Arbitration
Arbitration Act, 1940 - Sections 17, 31(2), 32 and 33; Registration Act - Sections 17(2); Code of Civil Procedure (CPC), 1908
AIR1964Kant238; AIR1964Mys238; (1964)1MysLJ131
A moot point arises for determination in this second appeal as to whether notwithstanding Section 32 of the Arbitration Act defendants are entitled to take shelter under, and to rely upon, the terms of an unregistered award passed … a defence. As per Section 17 of the Indian Arbitration Act of 1940, the award passed by the arbitrators should be filed so as to … Court in the case of Firm Gulzarimal Gheesalal v. Firm Ramesh Chandra Radhyeshyam which considered the effect of Sections 32 and 33 of the Arbitration Act and held that the object of the Legislature was to prevent the
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