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Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...
Supreme Court of India
May-04-1989
Arbitration
Arbitration Act, 1940 - Sections 2, 3, 13, 14, 15, 16,17, 20, 21, 30, 34, 35, 39 and 46; Indian Contract Act, 1872 - Sections 28; Madras Regulation Act; Limitation Act, 1963 - Article 119; National Health Service Act, 1946; Tribunals and Inquiries Act, 1958 - Sections 12; Mines & Minerals (Regulation and Development) Act, 1957; Constitution of India - Articles 136, 226 and 227; Industrial Disputes Act, 1947 - Sections 10A; Bengal Reulation Act; Indian Arbitraton Act, 1899 - Sections 30; Code of Civil Procedure (CPC) , 1908; Army Act, 1950 - Sections 164 and 165
[1989]3SCR144
argued by learned Counsel on both the sides is whether an award passed under the provisions of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is liable either to be remitted under Section 16(1)(c) of the Act … Arbitration in India in detail commencing with Act VIII of 1859 which codified the procedure of Civil Courts. Sections 312 to 325 of Act VIII of 1859 dealt with arbitration between parties to a suit while Sections … University of New South Wales v. Max Cooper and Sons Pvt. Ltd., 35 Australian Law Reports p. 219).7. An instructive survey of the Indian Law
Tag this Judgment! AI Brief & AskSyed Zakir Ali S/O Jawar Ali Vs. Syed Zahid Ali S/O Jawar Ali
Mumbai
Jul-06-2007
Arbitration
Arbitration Act, 1940 - Sections 14(2), 15, 16, 17, 30, 35 and 39(1); Evidence Act - Sections 3; Trade Mark Act; Representation of People Act - Sections 123; Code of Civil Procedure (CPC) - Sections 115 - Order 12, Rule 6 - Order 19, Rules 1 and 2 - Order 23, Rule 3
2007(5)ALLMR17; 2007(3)ARBLR321(Bom); 2007(4)BomCR500
pending for admission since 2001. 2. This Appeal is under Section 17 read with Section 39(1)(vi) of the Arbitration Act, 1940, and challenges the judgment and decree dated 11.12.2000 delivered by the Civil Judge, Senior Division, Gondia, in Arbitration … superseding the arbitration or after arbitration proceedings have become invalid under Section 35;(c) that an award has been improperly procured or is otherwise invalid.16. This … passed modified award on 18.2.1974 vide Exh. 109. Jawar Ali objected to this award by moving objection under Sections 16 and 30 and sought declaration that award is void. The present Appellant moved application at Exh. 129
Tag this Judgment! AI Brief & AskSuruchi Chand (Mrs.) and ors. Vs. Naresh Chand (Dr.) and ors.
Mumbai
Aug-27-1990
Arbitration
Arbitration Act, 1940 - Sections 8, 28, 35 and 35(1)
1990(3)BomCR693
a consent order of reference to arbitration from the High Court of Bombay under section 20 of the Arbitration Act, 1940 in terms of this agreement and on such order of reference being made, the Ramesh Chand Group agrees … withdraw Company Petition No. 49 of 1988 and the Company Application No. 35 of 1988 and have the orders passed therein vacated.14. The party of … Barman v. Union of India, reported in : [1962]3SCR769 , wherein the principal point relating to construction of sections 32 and 33 of the said Act was decided. In the case of Jawahar Lal v. Union of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
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 … Court superseding the arbitration or the proceedings have become invalid under Section 35 or the award was improperly procured or otherwise invalid. Therefore, a combined … 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 & AskGhaziabad Development Authority, Ghaziabad and Others Vs. S.K. Gupta a ...
Allahabad
Dec-01-1999
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 21, 32 (1), 34, 34 (2), 35, 36, 75, 81, 85 (1) and (2); Arbitration Act, 1940 - Sections 8, 14, 14 (2), 15, 16, 17, 20, 30, 33 and 37; Code of Civil Procedure (CPC), 1908 - Sections 115; Indian Limitation Act, 1908 - Schedule - Article 158; Indian Limitation Act, 1963 - Article 119
2000(2)AWC1037
the revisionists did not file any objection against the awards under Sections 15, 16 and 33 of the Arbitration Act, 1940. It further appears that after expiry of the time for filing objections, the opposite parties filed two execution … true that if the proceedings were under the new Act (Act No. 26, of 1996) the provisions of Sections 35 and 36 of the new Act are clear that the award shall become final in case it is
Tag this Judgment! AI Brief & AskRenusagar Power Company Vs. General Electric Company
Mumbai
Oct-12-1989
ContractArbitration
Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120
1990(1)BomCR561; (1990)92BOMLR70
the decree is in excess of or not in accordance with the award.36. The provisions of the Indian Arbitration Act, 1940 which apply to arbitrations within the country are very different. Under section 14 of the Arbitration Act, when … Act (Act XLV of 1961), Sections 6, 5, 3, 7(1)(b)(ii), 7(1)(a)(v), 11, 8(1)(a) - Arbitration Act(Act X of 1940), Sections 39, 17, 34, 35--Letters Patent, Clause l5--Civil Proccudure Code (Act V of 1908), Sections 2(2), 2(9), 2(14), 21,
Tag this Judgment! AI Brief & AskU.P. Cooperative Federation Ltd. Vs. Three Circles
Supreme Court of India
Sep-10-2009
ContractArbitration
Arbitration Act, 1940 - Sections 16(1), 20, 30 and 33; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 35(3); Constitution of India - Article 142
2009(4)AWC4150(SC); JT2009(12)SC123; 2009(12)SCALE443; (2009)10SCC374; 2009(9)LC4416(SC); 2009AIRSCW6048:2009AIRSCW4672
in the Tender documents and shall be deemed to be reference within the relevant provisions of the Indian Arbitration Act, 1940, and or any statutory modification of enactment there under. Clause 51 of the General Conditions of contract provided … same is hereby dismissed. There will be no order as to costs. Arbitration - Power of Arbitrator - Sections 16(1), 20, 30 and 33 of Arbitration Act , 1940 and Section 35(3) of Code of Civil Procedure
Tag this Judgment! AI Brief & AskM. Venkataratnam and anr. Vs. M. Chelamayya and anr.
Andhra Pradesh
Apr-01-1966
Arbitration
Registration Act, 1908 - Sections 17, 17(1), 17(2) and 49 ; Arbitration Act, 1940 - Sections 14 and 17; Transfer of Property Act, 1882 - Sections 100 and 59; Stamp Act, 1899 - Sections 35
AIR1967AP257
- Sections 17, 17 (1), 17 (2) and 49 of Registration Act, 1908, Sections 14 and 17 of Arbitration Act, 1940, Sections 59 and 100 of Transfer of Property Act, 1882 and Section 35 of Stamp Act, 1899 -arbitrators appointed
Tag this Judgment! AI Brief & AskRaipur Development Authority and ors. Vs. Chokhamal Contractors and or ...
Supreme Court of India
May-04-1989
Arbitration
Arbitration Act, 1940 - Section 16(1)(c); Indian Contract Act, 1872 - Section 28; Limitation Act, 1963 - Article 119
AIR1990SC1426; 1989(1)ArbLR430; JT1989(2)SC285; 1989(1)SCALE1279; 1989(2)SCC721; 1989(3)SCR144
argued by learned counsel on both the sides is whether an award passed under the provisions of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is liable either to be remitted under Section 16(1) (c) of the … Section 312 of 325 of Act 8 of 1859 dealt with arbitration between parties to a suit while Sections 326 and 327 dealt with arbitration without the intervention of a court. These provisions were in operation when … superseding the arbitration or after arbitration proceedings have become invalid under Section 35;(c) that an award has been improperly procured or is otherwise invalid9. Section
Tag this Judgment! AI Brief & AskSecurity and Finance (P) Ltd. Vs. Dattaraya Ragav Agge
Supreme Court of India
Nov-08-1968
Media and CommunicationArbitration
Arbitration Act, 1940 - Sections 34 and 35
AIR1970SC720; (1970)72BOMLR415; 1970CriLJ756; (1969)1SCC181; [1969]2SCR668
3 and the appellants should be refunded. Contempt of Court - interpretation - Sections 34 and 35 of Arbitration Act, 1940 - hire purchase agreement between plaintiff and defendant - agreement contained arbitration clause - dispute arose - plaintiff
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