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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 & AskBharti Televentures Ltd. Vs. Dss Enterprises Private Ltd. and ors.
Delhi
Aug-17-2005
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 2(7), 5, 8, 8(1), 8(2), 9, 11, 16, 17, 28, 33, 34, 37, 44, 45, 48, 51, 53, 54, 59, 64, 70, 75 and 81; Arbitration Act, 1940 - Sections 14 and 34; Foreign Awards (Recognition and Enforcement) Act 1961 - Sections 9; Foreign Awards Act; Limitation Act; Factories Act; Bombay Shops and Establishments Act, 1948 - Sections 70; Delhi Rent Control Act - Sections 25B; Contract Act - Sections 230; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 2, Rule 2 - Order 39; Constitution of India - Articles 21, 51 and 141; International Cricket Council Rules - Rules 72 and 100; International Cricket Council Regulations
2005(2)ARBLR561(Delhi); 123(2005)DLT532
observations. It must immediately be noted that in the NTPC case the Court had before it the repealed Arbitration Act, 1940 and Section 9(b) of the Foreign Awards (Recognition and Enforcement) Act 1961 (hereinafter referred to `FARE Act'), which … arbitration and New York Convention arbitrations are governed by distinct legal regimes. Section 8 read in conjunction with Sections 5 and 16 of the Arb. & Con. Act prohibits interference by a Civil Court. The non-obstante in Section
Tag this Judgment! AI Brief & Askindramoni Mohapatra Vs. Nilamoni Moharana
Orissa
Dec-07-1949
Arbitration
Arbitration Act, 1940 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 23, Rule 3; Contract Act, 1872 - Sections 23; Specific Relief Act, 1877 - Sections 21
AIR1950Ori169
in either the Civil Procedure Code or Act IX [9] of 1899. With the enactment of the Indian Arbitration Act, 1940, Section 21 so for as is material to arbitration contracts baa been fully recast and in its present … it has gradually developed into an enforceable contract witbin certain specified limits. 5. In the pre-British period the law of arbitration was not unknown in … continued till the Code of Civil Procedure of 1882 (Act XIV [14] of 1832) replaced them by its Sections 506 to 536 dealing with references to arbitration with or without the intervention of the Court. In none
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Ganesh Benzoplast Ltd., Mumbai, Vs. Sundaram Finance Ltd., Chennai and
Chennai
Apr-02-2002
Arbitration
Code of Civil Procedure (CPC) - Order 38, Rules 5; ;Arbitration Act, 1940 - Sections 18 and 41; Arbitration and Conciliation Act, 1996 - Sections 9;
(2002)2MLJ146
deals with the application filed either under Order 38 Rule 5 C.P.C or under Section 18 of the Arbitration Act, 1940. If we look at the provision of Section 18 of the Arbitration Act, 1940, it is analogous to … to cost. Arbitration - payment from garnishee - Order 38 Rule 5 of Code of Civil Procedure, 1908, Sections 18 and 41 of Arbitration Act, 1940 and Arbitration and Conciliation Act - whether application seeking prohibitory Order
Tag this Judgment! AI Brief & AskUnion of India Vs. M/S. Build-India Construction Systems
Mumbai
Jul-21-1999
Arbitration
Arbitration Act, 1940 - Sections 14(1 and 2); Limitation Act, 1963 - Sections 5 and 119 - Schedule - Articles 119 and 158
1999(3)ALLMR638; 1999(4)BomCR719; (1999)3BOMLR490
delay whatsoever in filing the Arbitration Petition in the sense that the notice under section 14(2) of the Arbitration Act, 1940 was received by the petitioner only on 21st September, 1998 and the petition was filed on 16th October, … 29th November, 1997 the learned Arbitrator had informed both the parties regarding publication of the said Award under section 14(1) of the Arbitrator Act, 1940. Thereafter, the learned Arbitrator by his letter dated 31st January, 1998 addressed … Singh, the learned Counsel appearing for the respondent also states that section 5 of the Limitation Act cannot apply at all in the instant case
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Poorti Metal Industries
Madhya Pradesh
Jan-18-2005
ArbitrationLimitation
Arbitration Act, 1940 - Sections 5, 17, 30, 33, 39 and 39(1); Limitation Act, 1963 - Sections 4 to 24 and 29(2) - Schedule - Article 119; Arbitration and Conciliation Act, 1996 - Sections 34 and 34(3); Code of Civil Procedure (CPC) - Sections 17 and 115 - Order 9, Rules 6 and 13
2005(2)MPHT199; 2005(2)MPLJ474
ORDERDipak Misra, J.1. In this appeal preferred under Section 39 of the Indian Arbitration Act, 1940 (for brevity, 'the Act'), the appellant has called in question the judgment and decree dated 7-5-2001 passed by … be made rule of Court on the ground that the objection put forth by the present appellant under Sections 30 and 33 of the aforesaid Act was filed beyond limitation of thirty days. That apart, the learned
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
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, … 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
Tag this Judgment! AI Brief & AskMr. Akshay Kapur and ors. Vs. Mr. Rishav Kapur and ors.
Delhi
May-30-2003
Arbitration
Arbitration and Conciliation Act 1996 - Sections 5, 7, 7(3), 8, 8(1), 8(3), 16, 36 and 37; Arbitration Act, 1940 - Sections 8, 12, 20, 34, and 41; Indian Contract Act - Sections 28
2003(2)ARBLR508(Delhi); 105(2003)DLT467; 2003(69)DRJ332; 2003(3)RAJ189
the contrary, submitted that Section 8 of the Act is akin to Sections 12 and 34 of the Arbitration Act 1940, the only difference being that no discretion is reposed in the Court. It is his contention that the … is passed. He has referred to Clause IV(v) of the Objects of the Act and has relied on Sections 5, 8, 16 and 37 thereof. In respect of the factual matrix, Dr. Singhvi has submitted that there has
Tag this Judgment! AI Brief & AskVijaya Bank Vs. Maker Development Services Pvt. Limited
Mumbai
Mar-14-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 5, 28(1), 34, 34(2), 34(3), 34(4), 34(5), 35 and 37(1); Arbitration Act, 1940 - Sections 8, 30, 33 and 39; Companies Act, 1956; Indian Contract Act - Sections 55; U.N.C.I.T.R.A.L. Model Law on International Commercial Arbitration, 1985; U.N.C.I.T.R.A.L. Conciliation Rules, 1980; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Constitution of India - Articles 136, 226 and 227; Presidency Small Cause Courts Act, 1882 - Sections 41; Bombay Rents, Hotel and Lodging House Rates Act, 1947 - Sections 5(11), 15A and 28; Bombay City Civil Court Act, 1948 - Sections 3
2001(4)ALLMR143; 2001(3)BomCR652
They are, The law on arbitration in India is at present substantially contained in three enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforce-ment) Act, 1961. It is … B. B. Srikrishna. J. 1. This appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') challenges the order of … with interest thereon was repaid by the respondent to the appellant Bank. 5. The leave and licence agreement was to come to an end on
Tag this Judgment! AI Brief & AskGas Authority of India Ltd. Vs. Spie Capag, S.A. and Others
Delhi
Oct-15-1993
Arbitration
Arbitration Act, 1940 - Sections 8, 17, 32, 33, 34 and 202 - Schedule - Articles 1(2), 2, 3, 4, 5(1), 6, 7(1), 8(1), 9, 9.1 and 9.2, 10, 11, 12, 13(3), 14, 15 and 16 ;Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 1, 2, 3, 4, 5, 6, 7(1), 8, 9, 10 and 11; Companies Act, 1956; Foreign Arbitral Awards, 1927; Code of Civil Procedure (CPC), 1908; Arbitration Protocol and Convention Act, 1937; Arbitration (Amendment) Act, 1975
AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131
right to levy liquidated damages, Pursuant to this communication, GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short 'Arbitration Act') (being Suit No. 1440/90) for (a) declaring the request dated March 30, 1990 as … Arbitration Act) materially differ on several aspects having a bearing on the points at issue. An examination of Sections 3, 4 and 7 of the Foreign Awards Act in juxtaposition with Sections 32, 33 and 34 of … imported materials and equipments etc. for the total contract price of U.S. 584 million dollars equivalent to Rs. 772 crores (approximately), calculated on the basis
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