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international 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 … in the proceedings--Further held--Award need not to be reasoned unless required to do so--Dismissed.;Limitation Act, 1963 - Section 5 and Article 119(b)--Arbitration award--Time limit for filing objections--Time barred objection--Held--Section 5 is not applicable-- Delay in filing objection cannot … be set aside. His contentions are paraphrased as follows-(A) Proceedings under Section 20 partake of the nature of a suit and thereforee the relevant period … 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
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. P.M. Imbichibi and anr.
Kerala
Oct-01-1997
Arbitration
Arbitration Act, 1940 - Sections 5, 8, 11, 12 and 20
AIR1998Ker72
Usha, J. 1. O.S. No. 281/86 was filed by the respondents herein under the provisions of the Arbitration Act, 1940 before the Court of the Subordinate Judge, Kozhikode seeking leave to revoke the authority of an appointed arbitrator, … relief was sought in the petition under Sections 8, 11 and 12. The reliefs sought were only under Sections 5 and 20 i.e., for leave to revoke authority of the General Manager, Southern Railway as the arbitrator and then for
Tag this Judgment! AI Brief & AskSmt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.
Punjab and Haryana
Apr-24-2002
ArbitrationCompany
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226
[2003]117CompCas660(P& H)
to the arbitration of the disputes and that was left to be taken care of under Sections 8 and 20 of the 1940 Act. In striking contrast to the said scheme underlying the provisions of the 1940 Act, … reasons that the Arbitration Act 1996, is a consolidating and amending statute through which the legislature repealed the Arbitration Act, 1940, which in turn and in the same manner, had repealed the Arbitration Act, 1899, Schedule 2 of the … Telephone Company Limited (In liquidation) and Anr. v. Postmaster General (1913) AC 546 (HL), wherein the aforesaid rule was expressed by Viscount Haldane L.C., in
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Rameswara Home and Apartments (Pvt.) Limited Vs. Manojlal Seal and ors ...
Kolkata
Oct-03-2007
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 9, 11, 11(6) and 43; ;Limitation Act, 1963 - Section 5 - Schedule - Article 137; ;Indian Arbitration Act, 1940 - Sections 5, 12, 20, 33 37, 37(1), 37(2), 37(3), 37(4) and 37(5); ;Indian Limitation Act, 1908; ;Telegraph Act
2008(3)CHN349
27th May, 1978. On receipt of the notice, the respondent filed an arbitration suits in this Court under Sections 5, 12 and 33 of the 1940 Act. The learned Single Judge held that the claim was hopelessly barred … by each of the parties hereto and this shall be a reference under the provisions of the. Indian Arbitration Act, 1940 or any statutory enactment or modification thereto.6. In order to seek interim protection, the petitioner filed an application … S.S. Nijjar, C.J.1. This order will dispose of A.P. No. 331 of 2005 under Section 11 of the Arbitration and Conciliation Act, 1996 (in short
Tag this Judgment! AI Brief & AskR.K. Churiwala and ors. Vs. Kunj Behari and anr.
Delhi
Dec-03-2004
FamilyProperty
Arbitration Act, 1940 - Sections 20; Limitation Act, 1963 - Sections 5; Civil Procedrue Code - Sections 151;
2004(3)ARBLR522(Delhi); 116(2005)DLT163; 2005(80)DRJ398
them being also the son of deceased karta.2.The respondents had filed a petition under Section 20 of the Arbitration Act,1940 against M/S K.D.Churiwala and sons HUF through its Karta M.P.Churiwala who was defendant no.6 in the petition. Besides … other coparceners, one of them being also the son of deceased karta.2.The respondents had filed a petition under Section 20 of the Arbitration Act,1940 against M/S K.D.Churiwala and sons HUF through its Karta M.P.Churiwala who was defendant … 21st May,1996 along with an application for condition of delay under Section 5 of the Limitation Act, 1963 read with Section 151 of Code of
Tag this Judgment! AI Brief & AskHindustan Trading Corpn. and M/S. United Engineers Vs. Mtnl and Others
Delhi
Sep-01-1998
Arbitration
Arbitration Act, 1940 - Sections 5, 12 and 20
75(1998)DLT399; 1998(47)DRJ485
M/s. United Engineers, have filed these petitions under Section 20 read with sections 5 and 12 of the Arbitration Act, 1940, in which the petitioners have prayed that the respondent Mahanagar Telephone Nigam Limited, (for short, MTNL), be directed
Tag this Judgment! AI Brief & AskMilkfood Ltd. Vs. Gmc Ice Cream (P) Ltd.
Supreme Court of India
Apr-05-2004
Arbitration
Arbitration Act, 1940 - Sections 2, 2(2), 2(7), 3, 8(1), 8(2), 10, 11, 12, 17, 20, 20(1), 20(4), 30, 32, 33, 34, 37, 37(3), 37(5), 39, 39(2) and 48; Constitution of India - Article 136; Arbitration and Conciliation Act, 1996 - Sections 3, 8, 17, 21, 22, 23(3), 24(1), 25, 26, 29, 31, 43, 43(1), 43(2), 47, 48, 49, 85, 85(1) and 85(2); ;Limitation Act, 1980 - Sections 34(3); Limitation Act, 1908; Limitation Act, 1963 - Sections 14; UNCITRAL Arbitration Rules - Article 3; Arbitration (Protocol) and Convention Act, 1937; General Clauses Act - Sections 6; Interest Act, 1978
2004(5)ALLMR(SC)624; 2004(1)ARBLR613(SC); [2004]121CompCas581(SC); (2004)3CompLJ16(SC); 2004(4)CTC479; 110(2004)DLT778(SC); 2004(75)DRJ512; JT2004(4)SC393; (2004)3MLJ87(SC)
S.B. SINHA, J : Interpretation of certain provisions of the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996 (for short '1940 Act' and '1996 Act' respectively) is in question … in that view of the matter the 1940 Act shall be applicable in the instant case. Referring to Sections 21 and 85 of the 1996 Act, Mr. Salve would urge that there are well-known expressions in the … Nayak & Sons etc. vs. State of Goa etc. [(2003) 6 SCC 56] wherein allegedly a different note has been struck from an earlier view … by a five-Judge Bench of the said Court in L.P.A. No.492 of 2002 holding that the said appeal was not maintainable. FACTUAL BACKGROUND : The
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
to the arbitration of the disputes and that was left to be taken care of under Sections 8 and 20 of the 1940 Act. In striking contrast to the said scheme underlying the provisions of the 1940 Act, … 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 & AskBpl Communications Ltd. Vs. Punj Lloyd Ltd.
Delhi
Nov-03-2003
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 8(1), 8(3), 11, 12, 13, 16, 19 and 42; Arbitration Act, 1940 - Sections 8, 20, 24 and 34; Code of Civil Procedure (CPC)
2004IAD(Delhi)8; 2004(1)ARBLR46(Delhi); [2005]125CompCas41(Delhi); 108(2003)DLT198; 2004(1)RAJ256
the Arbitrator.28. The application stands disposed of. Arbitration - agreement - Sections 8, 20, 24 and 34 of Arbitration Act, 1940, Sections 2, 5, 8, 8 (1), 8 (3), 11, 12, 13, 16, 19 and 42 of Arbitration and Conciliation
Tag this Judgment! AI Brief & AskState of West Bengal Vs. Amritlal Chatterjee
Supreme Court of India
Sep-03-2003
Arbitration
Arbitration Act, 1940 - Sections 5, 11, 12, 17, 20 and 20(1) - Schedule - Rule 3; Arbitration and Conciliation Act, 1996 - Sections 2(2), 2(7), 21 and 85(2); Foreign Awards Act; Arbitration (Protocol and Convention) Act, 1937; ;General Clauses Act - Sections 6
AIR2003SC4564; 2004(2)ALT5(SC); 2003(3)ARBLR158(SC); (2004)3CompLJ11(SC); [2003(4)JCR130(SC)]; JT2003(Suppl1)SC308; 2003(7)SCALE274; (2003)10SCC572; [2003]47SCL804(SC)
not enter upon the reference, the respondent filed an application under Sections 5, 11 and 12 of the Arbitration Act, 1940 for removal of the arbitrator and appointment of a new arbitrator in his place before a learned Single … respondent herein. It is alleged that the respondent completed the construction work on 3rd July, 1990. Subsequently, on 20th October, 1993, the respondent raised a demand on account of additional work that it carried out to the
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