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Renusagar Power Co. Ltd. Vs. General Electric Company and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Arbitration Act, 1940 - Sections 34

Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432; MANU/SC/0001/1984

petition Under Section 3 (which is really in the nature of Section 34 application under the Arbitration Act, 1940) is totally misconceived and liable to … having regard to its scope, a suit in the nature of a petition Under Section 33 of the Arbitration Act, 1940 could be stayed If, so whether the Ist Respondents have made out a case for staying the Appellants' … the suit.23. In Jawahar Lal Burman v. Union of India : [1962]3SCR769 while dealing with the scheme of Sections 31, 32 and 33 and as also the scope of the Section 33 of the Arbitration Act 1940

European GraIn and Shipping, a Company Vs. Morvi Vegetable Products Lt ...

Court : Gujarat

Subject : Arbitration

Reported in : (1979)1GLR159

the commercial contract in question, the suit by the suppliers was not competent as Section 32 of the Arbitration Act, 1940 provides that no suit would li; on any ground whatsoever for a decision upon the existence, effect or … 3 of the Arbitration (Protocol and Convention) Act of 1937 and/or Section 34 of the Indian Arbitration Act, 1950 and/or Section 151 of the Civil … scope of the Act and the history of protocol and convention set out the two relevant Section viz. Sections 2 and 3. The Supreme Court also referred to the Arbitration (Protocol and Convention) Act, 1937, the Arbitration

Dr. Vijaypat Singhania and ors. Vs. Hari Shankar Singhania and ors.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 20, 26, 33, 34 and 34(2); Arbitration Act, 1940 - Sections 20; Forest (Conservation) Act, 1980

Reported in : 2009(6)BomCR303; 2009(111)BomLR4374

about the distribution and allotment of the immovable properties.9. On 08.05.1992, an Arbitration Suit under Section 20 of Arbitration Act, 1940 being Suit No. 1904 of 1992 was filed by the Kolkata branch in the Bombay High Court against … Anoop V. Mohta, J.1. These are two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ( the Act).2. An arbitration Award dated 04.08.2008, which is

Bhai Sardar Singh and Sons. Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 17, 21, 28 to 33, 34, 36 and 85(2); Arbitration Act, 1940; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 2002(61)DRJ767

it was contended that the objections necessarily must be gone into because the arbitrator was appointed under the Arbitration Act, 1940 and in any case according to the learned counsel for the Delhi Development Authority it is the court … language of law. Any other interpretation even if equitable would mean doing injustice to the plain language of Sections 34 and 36 of the Arbitration and Conciliation Act, 1996. If the law does not permit the court will

Oriental Fire and General Insurance Co. Ltd. and anr. Vs. New Suraj Tr ...

Court : Allahabad

Subject : Commercial

Acts : Arbitration Act, 1940 - Sections 2 and 34; Carriers Act, 1865 - Sections 6

Reported in : AIR1985All136

annum total Rs. 13,223.85. 8. The defendant transport company filed applications in both the suits under Section 34, Arbitration Act, 1940, wherein he set up an arbitration agreement between the parties and prayed that the suit be stayed and … orders dated 5-4-78 are set aside. The costs are made easy. Arbitration - agreement be in writing - Sections 2 (a) and 34 of Arbitration Act, 1940 and Section 6 of Carriers Act, 1865 - terms and

Sant Nilobarai Transport (P.) Ltd. Vs. Ganesh Container Movers Syndica ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7; Industrial Disputes Act, 1947 - Sections 2, 7, 16 and 34; Arbitration Act, 1940 - Sections 2-A

Reported in : 2000(2)BomCR219; 1999(3)MhLj216

Supreme Court of India has observed while interpreting what is an 'Arbitration Agreement' under section 2-A of the Arbitration Act, 1940 is that'What is required to be ascertained is whether the parties have agreed that if dispute arise between … rule on its own jurisdiction. Therefore, the submission of Mr. Thakkar has no substance whatsoever in view of sections 16 and 34 of the Arbitration and Conciliation Act, 1996. 25. Under the aforesaid facts and circumstances, as

Vinay Bubna Vs. Yogesh Mehta and Others

Court : Mumbai

Subject : Arbitration

Acts : Securities Contracts (Regulation) Act, 1956 - Sections 9(4), 10 and 11; Arbitration and Conciliation Act, 1996 - Sections 2(4), 10, 24, 34(2), 40, 41 and 43; Arbitration Act, 1940 - Sections 7, 12, 28, 30, 36, 37, 46 and 47; Cotton Contract Act - Sections 4(7), 5 and 6; Indian Limitation Act, 1963; Bombay Industrial Relations Act; Bombay Co-operative Societies Act - Sections 51; Forward Contracts (Regulation) Act, 1952

Reported in : 1999(2)ALLMR129; 1998(4)BomCR849

the said question it will be necessary to look into the provisions of the Arbitration Act, 1996, the Arbitration Act, 1940 and the Securities Contracts(Regulation) Act, 1956. The relevant provisions to the extent that they are necessary are being … of the Arbitration Act, 1996 reads as under :-'2 (4). This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, … consequently also the award is liable to be set aside under section 34 of the Act of 1996.3. The Award is in violation of the

Sukumar Chand JaIn Vs. Delhi Development Authority and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act of 1940 - Sections 14, 17, 30, 33, 34 and 34(1); ;Arbitration and Conciliation Act of 1996 - Sections 21, 85 and 85(2); Limitation Act - Sections 5; Arbitration (Protocol and Convention Act), 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; ;Contract Act - Sections 28

Reported in : 2003(1)ARBLR174(Delhi); 99(2002)DLT3

parties. Relevant portion of the arbitration Clause 25 reads as under :-'Subject as aforesaid the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made therein and for the time being in … respondent authority in all these suits have filed their objections against the Award passed by the Arbitrator under Sections 30 & 33 of the Arbitration Act of 1940 whereas according to the petitioners the objections/petitions, if any, … if any, should have been filed only under the provisions of Section 34 of the Arbitration and Conciliation Act of 1996. The awards in all

Subhash Chander Kathuria Vs. Ashoka Alloys Steels Pvt. Ltd. and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 34

Reported in : 59(1995)DLT355; 1995(35)DRJ319

up the principles of law as under : 'IN an application for stay under Section 34 of the Arbitration Act, 1940 in a case involving allegations of fraud the person against whom fraud is alleged has an option to … R.C. Lahoti, J. (1) This is an application under Section 34 of the Arbitration Act filed by the defendants seeking stay of the suit. (2) The suit is

Municipal Corporation of Greater Bombay Vs. Girjashankar R. Singh

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30; Bombay Stamp Act, 1958 - Sections 34; Maharashtra Tax Laws (Levy and Amendment) Act, 1994

Reported in : AIR1996Bom361; 1996(4)BomCR443; (1996)98BOMLR482; 1996(2)MhLj779

name the impressed stamp paper has been purchased. 6. An 'award' as defined by Section 2(b) of the Arbitration Act, 1940 (for short, 'the Act') means an arbitration award. An award means a judgment or final decision and for … the grounds that: (i) it is not duly stamped inasmuch as it violates the completion of provisions of Section 34 of the Bombay Stamp Act 1958 as amended by the Maharashtra Tax Law (Levy and Amendment) Act,