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Ganjam Trading Co. Pvt. Ltd. Vs. Panther Investrade Ltd. and anr.
Mumbai
Jul-22-2002
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 9; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 8, 9A and 9B; Arbitration Act, 1940- Sections 9A(1)
2003(1)BomCR330; [2004]119CompCas766(Bom)
in arbitration matters.--(1) The special court shall have the jurisdiction and powers of a court conferred under the Arbitration Act, 1940 (10 of 1940), to decide any question forming the subject matter or a reference relating to any matter … persons. Section 3 of the Special Courts Act provides for notifying a person for trial under the Act. Sections 3(1) and (2) read as follows :'3. (1) The Central Government may appoint one or more custodians as … counsel for the custodian relied and in my view rightly on Section 8 of the General Clauses Act, 1897, which reads as follows :'8 Construction
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 … and International Convention on the execution of Foreign Arbitral Awards of 1927. 8. After the First World War, commensurate with the importance of international trade … or not Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 (for short 'FARE Act') is applicable to the arbitration agreement contained in
Tag this Judgment! AI Brief & AskMahesh Lall Seal and ors. Vs. Union of India (Uoi) and ors.
Supreme Court of India
Sep-01-2006
PropertyArbitration
Requisitioning and Acquisition of Immovable Property Act, 1952 - Sections 8, 8(1), 8(3) and 11; Defence of India Act; Defence of India Rules; U.L.C. Act, 1976 - Sections 27(2); Land Acquisition Act - Sections 18(1); Requisitioning and Acquisition of Immovable Property Rules, 1953 - Rule 9(5); Arbitration Act, 1940; Constitution of India - Article 226
AIR2007SC357; 2006(3)ARBLR414(SC); 2006(4)AWC3583(SC); JT2006(8)SC434; 2006(8)SCALE768; (2006)10SCC227
civil appeal is partly allowed with no order as to costs. Arbitration - Award - referable dispute - Sections 8, 8(1), 8(3) and 11of Requisitioning and Acquisition of Immovable Property Act, 1952 - Arbitration Act, 1940 - Constitution … the government, and the decision of the Arbitrator shall be conclusive on all the parties. The provisions of Arbitration Act 1940 were made applicable to such arbitration. Learned Single Judge further found that under the agreement dated 18.7.75 the
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Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...
Mumbai
Jun-19-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34, 37, 85(1) and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3 and 13; General Clauses Act, 1897 - Sections 8 and 8(1); Arbitration Act, 1940; Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Constitution of India; Arbitration and Conciliation Ordinance, 1996; Bombay High Court (Original Side) Rules, 1980 - Rule 28
2008(6)BomCR540
in the said Act would therefore disclose that any award which is not passed or declared under the Arbitration Act, 1940 if challenged by way of petition or appeal with an intention to get it set aside or modified, … Objection raised by office that proper court fee not paid - Hence, present petition - Considering facts and sections of said Act court held that an application under section 34 of Arbitration Act 1996 could attract fee … (Coram: R.M.S. Khandeparkar and Dr. D.Y. Chandrachud, JJ.) reported in 2007(2) Bom.C.R. 835 but may require re-consideration as provisions of Section 8 of the General … these petitions arising under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act, 1996'), an objection has been raised either
Tag this Judgment! AI Brief & AskKeshavsingh Dwarkadas Vs. Indian Engineering Co.
Mumbai
Oct-17-1968
Arbitration
Arbitration Act, 1940 - Sections 3 and 8 (1) - Schedule - Rule 4
AIR1969Bom227; (1969)71BOMLR312; 1969MhLJ458
ORDER1. This is a petition under Section 33 of the Indian Arbitration Act, 1940, for the determination of the existence and/or validity of the Arbitration Agreement and/or the effect of the purported … the appellants court will have to be obtained in the matter.8. Order accordingly. Arbitration Act (X of 1946), Sections 8(1)(b), 3 - Whether acceptance of appointment as arbitrator or umpire necessary for its validity--Arbitration agreement providing for
Tag this Judgment! AI Brief & AskShiv 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 … worked out to Rs. 23336.11 and, the respondent vide its letter dated 8-12-1976 informed the appellant that the above amount along with interest thereon, at
Tag this Judgment! AI Brief & AskUnion of India and Others Vs. Srinivasa Forest Co-operative Stone Cove ...
Andhra Pradesh
Jan-20-2000
Arbitration
Arbitration Act, 1940 - Sections 8(1) and 20(4)
2000(2)ALD170
by the respondent. Hence, he filed the OP in the civil Court for arbitration under various Sections of Arbitration Act, 1940 including Section 8. The stand taken by the petitioners was that the contractor did not collect and spread … 1. This revision petition is filed by Union of India represented by the General Manager, South Central Railway questioning
Tag this Judgment! AI Brief & AskState of U.P. Vs. Jai Prakash Bhagwati Prakash
Allahabad
Sep-08-2000
Arbitration
Code of Civil Procedure (CPC), 1908 - Order 43, Rule 1; Arbitration Act, 1940 - Sections 8/20
2001(1)AWC100
not find any merit in the appeal. It is, accordingly, dismissed. Arbitration - arbitration application in Court - Sections 8 and 20 of Arbitration Act, 1940 and Order 43 Rule 1 of Code of Civil Procedure, 1908 - … Court below appointing the arbitrator on an application being filed by the applicant-respondent under Section 8/20 of the Arbitration Act. 1940 (in short the Act).2. The appellant invited tender for construction of Katiyari Siphon in kilometers 28.425 of E.G.C.,
Tag this Judgment! AI Brief & AskRakesh Khanna Vs. Vishwanath Khanna and ors.
Delhi
Feb-09-1996
Arbitration
Arbitration Act, 1940 - Sections 8(1)
62(1996)DLT131
Devinder Gupta, J. (1) This is a petition under Section 8(1)(b) of the Arbitration Act, 1940; hereinafter referred to as 'the Act', wherein prayer made is to appoint an Arbitrator to fill up the … Devinder Gupta, J. (1) This is a petition under Section 8(1)(b) of the Arbitration Act, 1940; hereinafter referred to as 'the Act', wherein prayer made is to appoint
Tag this Judgment! AI Brief & AskHyderabad Urban Development Authority Vs. Raghunandan
Andhra Pradesh
Sep-10-1993
Arbitration
Arbitration Act, 1940 - Sections 8, 8(1) and 8(2)
1994(3)ALT532; 1995(1)ARBLR308(AP)
date of receipt of a copy of this order. No costs. 11. Petition allowed. Arbitration - appointment - Sections 8, 8 (1) and 8 (2) of Arbitration Act, 1940 - appointment of arbitrator for resolving dispute arose out … a Retired Chief Engineer (Roads & Buildings) as Arbitrator on an application filed under Section 8 of the Arbitration Act, 1940 (for short 'The Act'). 2. The parties are referred to as HUDA and Contractor for convenience sake. 3.
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