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Shiv 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 & AskUnion of India (Uoi) Vs. Great Eastern Shipping Co. Ltd.
Gujarat
Feb-04-2004
Arbitration
Indian Arbitration Act, 1940 - Sections 14, 20, 30, 31, 31(3), 33 and 39; Arbitration and Conciliation Act, 1966
(2004)2GLR1270
also confirmed to that extent. Rule is discharged with no order as to costs. Arbitration - award - Sections 14, 20, 30, 31 (3), 33 and 39 of Indian Arbitration Act, 1940 - in present case neither … Union of India appellant No.1 - the appellants have filed this appeal under Section 39(vi) of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Old Act') against the judgment and order dated 20th December, 1990, passed by
Tag this Judgment! AI Brief & AskGordhandas Pursottam Sonawala Vs. Natvarlal Chandulal and Co.
Mumbai
Aug-22-1950
Arbitration
Indian Arbitration Act, 1940 - Sections 2, 5, 8, 10, 11, 12, 16(3), 19, 25, 32, 33 and 36; Bombay Cotton Contracts Act, 1932 - Sections 4, 8, 14 and 15; Indian Contract Act, 1872 - Sections 2; Indian Cotton (Control) Order, 1945; Indian Companies Act - Sections 21; Defence of India Rules; Bombay Essential Commodities and Cattle (Control) Act, 1946; Bombay Cotton Contracts Act, 1922
AIR1952Bom349; (1952)54BOMLR367
question of validity of contracts--Scope of Article 96.; In dealing with an application under Section 33 of the Arbitration Act, 1940, the Court is concerned with determining the existence, legality or effect of an arbitration agreement at the instance … and reprobate. I, therefore, reject the submission made by Mr. Maneksha. (56) Order accordingly. Arbitration Act (X of 1940), Sections 2(a), 33 - East India Cotton Association, Ltd., articles of association, Article 96 ; By-law 38A--Application to determine
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Kasiraju 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
shall pay the costs of theplaintiff in all the Revision Petitions. Arbitration - payment of court fee - Sections 33, 30, 44 and Rules 1 and 2 of Arbitration Act, 1940 and Article 11 (m) of Court -fees … 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
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 … 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 & 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
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 … there was a final settlement of all claims, is the Court, on an application under Sections 9(b) and 33 of the Act, entitled to enquire into the truth and validity of the averment as to whether there
Tag this Judgment! AI Brief & AskPearelal and Sons (E.P.) (P) Ltd. Vs. V/O Mashpriborintorg and anr.
Delhi
Nov-21-1978
Arbitration
Arbitration Act, 1940 - Sections 33
ILR1979Delhi217
.with respect, was in error in thinking that the respondents' petition was competent under Section 33 of the Arbitration Act, 1940.'(18) In other words, even where the very existence of the price variation clause was in dispute between I … case, the agreement for extension must be held to be vague and uncertain and as such void under Section 29. Contract Act.' (14) In the course of its judgment in the above case, the Supreme Court referred
Tag this Judgment! AI Brief & AskExecutive Engineer, Upper Painganga Project Vs. M.V. Panse and Others
Mumbai
Dec-17-1998
Arbitration
Arbitration Act, 1940 - Sections 8 and 33; Code of Civil Procedure (CPC), 1908 - Sections 115
AIR1999Bom254; 1999(2)ALLMR366; 1999(4)BomCR822
whereby the learned Court below rejected the application moved by the present applicant under section 33 of the Arbitration Act, 1940.2. It will be proper for me to consider few relevant facts, which have given rise to the dispute … No. 21 of 1995 whereby the learned Court below rejected the application moved by the present applicant under section 33 of the Arbitration Act, 1940.2. It will be proper for me to consider few relevant facts, which
Tag this Judgment! AI Brief & Askinternational Security and Intelligence Agency Limited. Vs. Municipal ...
Delhi
Jan-17-2001
Arbitration
Arbitration Act, 1940 - Sections 14, 17, 20, 30, 32, 33 and 37 (1); Indian Limitation Act, 1963 - Sections 4, 5, 43, 202 and 476 - Schedule - Articles 119, 137 and 158; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC), 1908 - Order 21; Telegraph Act, 1885
2001IIIAD(Delhi)87; AIR2001Delhi283a; 90(2001)DLT243; 2000(57)DRJ582; 2001(3)RLR25
that the MCD was served with a copy of S.No.569-A/1997, (being the petition under Section 14 of the Arbitration Act, 1940) through its Commissioner (Respondent No.1) and its Commissioner (Slum & JJR) (Respondent No.2.) on 3rd April, 1997. While … bearing no alternative other than non-suiting the Municipal Corporation of Delhi: 'Section 33 deals with the applications to be made by the parties. Before we … S.30 are wide enough to include the Jurisdiction of the Court to deal with matters covered by those sections 'suo motu'. It would appear that under the English law the Court has a similar power to set
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