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The Tata Hydro-electric Power Supply Co. Ltd. and ors. Vs. Union of In ...
Supreme Court of India
Feb-05-2003
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34; Indian Electricity Act, 1910 - Sections 26, 26(1), 26(4), 26(5), 26(6) and 26(7); Arbitration Act, 1940
AIR2003SC1581; 2003(2)ALLMR(SC)343; 2003(1)SCALE675; (2003)4SCC172; 2003(1)LC715(SC)
of the learned Single Judge allowing the Arbitration Petition filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award of the Umpire dated 30th March, 1998 on the ground of an error of law … held that the Umpire had no jurisdiction in the matter since the dispute could be resolved only under Section 26 of the Indian Electricity Act, 1910, which precluded private arbitration. The dispute, therefore, could be resolved only by
Tag this Judgment! AI Brief & AskThe Tata Hydro-electric Power Supply Co. Ltd. and ors. Vs. Union of In ... Overruled
Mumbai
Oct-05-2000
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34; Indian Electricity Act, 1960; Arbitration Act, 1940 - Sections 16(1) and 20; Indian Electricity Act, 1910 - Sections 26
2001(2)ALLMR30; 2001(2)BomCR20; (2001)1BOMLR526; 2001(1)MhLj755
On 29th June 1998, the Respondent filed Arbitration Petition No. 210 of 1998 under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the Award on the ground of an error of law apparent on the face of the Award. … to enter upon the Reference as the subject matter of dispute was fully covered by the provisions of Section 26 of the Indian Electricity Act, 1910 which precluded arbitration by a private person. Being aggrieved by the said
Tag this Judgment! AI Brief & AskDr. Vijaypat Singhania and ors. Vs. Hari Shankar Singhania and ors.
Mumbai
Oct-01-2009
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 20, 26, 33, 34 and 34(2); Arbitration Act, 1940 - Sections 20; Forest (Conservation) Act, 1980
2009(6)BomCR303; 2009(111)BomLR4374
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 modified on 12.09.2008, has been challenged by the … not inclined to accept the submission that no full opportunity was given to the parties as contemplated under Section 26 of the Act, merely because one of the party wants to cross examine the said valuer again, contrary
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Milkfood 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 these appeals which arise out of … force of the new Act. The new Act came into force on 26-1- 1996. The question therefore, arises whether on that date the arbitration proceedings … however, having regard to the arbitration agreement entered into by and between the parties filed an application under Section 34 of the Arbitration Act, 1940 for stay of the suit. By reason of an order dated 3.8.1995,
Tag this Judgment! AI Brief & AskN.S. Nayak and Sons, Vs. State of Goa and anr.
Supreme Court of India
May-08-2003
Arbitration
Arbitration Act, 1940 - Sections 14, 17, 21, 23(3), 24(1), 25, 26, 29, 30, 31, 32 and 37; Arbitration and Conciliation Act, 1996 - Sections 34, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Contract Act - Sections 28
2003(3)ARBLR109(SC); (2003)3CompLJ193(SC); 2003(4)SCALE622; (2003)6SCC56; [2003]44SCL460(SC); 2003(2)LC1227(SC)
Act, 1940 (hereinafter referred to as the 'Old Act'), are required to be decided on the basis of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'New Act') because the arbitration agreement provides as under:--'Subject as aforesaid the provisions … etc.2. In pending appeals, a contention was raised by the appellant that appeals filed by the respondents under Section 37 of the Arbitration Act, 1940 (hereinafter referred to as the 'Old Act'), are required to be decided … the parties' used in various Sections namely, 17, 21, 23(3), 24(1), 25, 26, 29, 31, 85(2)(a) etc. indicates that it is open to the parties
Tag this Judgment! AI Brief & AskUnion of India Vs. Vengamamba Engineering Co., Juputi, Krishna Dist. a ...
Andhra Pradesh
Apr-27-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 11 (6) and 26, 33, 34, 75 and 81; Arbitration (Protocol and Convention) Act, 1937; Arbitration Act, 1940
2001(3)ALD776; 2001(4)ALT45
nominee of the Chief Justice appointing an arbitrator in terms of sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 is the question involved in all these writ applications.2. Before adverting to the question, we may briefly state … we are of the opinion that it is not necessary that the arbitrator should have a special knowledge. Section 26 of the Act reads as follows:Expert appointment by arbitral Tribunal:--(1) Unless otherwise agreed by the parties, the arbitral
Tag this Judgment! AI Brief & AskM/S. Hindustan Antibiotics Ltd. Vs. M/S. Hindustan Max Gb Ltd.
Delhi
Mar-19-2001
Arbitration
Arbitration & Conciliation Act, 1996 - Sections 37; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 9, 11(6), 17(3), 18(4) and 26; Delhi High Court Act, 1966 - Sections 10; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 3
91(2001)DLT688; 2001(59)DRJ28; 2002(1)RAJ428
any observation made in this order in the present appeal since the observations are prima facie in nature. Arbitration and Conciliation Act, 1996 - Section 37--Order under Section 9 of the Act passed for maintaining status quo--By a subsequent order, status … December, 2000 and stood approved by BIFR by an Order dated 16th of August, 1999; (b) that under Section 26 of the Sick Industrial Companies (Special Provisions) Act, 1985, an application filed for interim relief in this Court
Tag this Judgment! AI Brief & AskBharat Hydro Power Corpn. Ltd. and ors. Vs. State of Assam and anr.
Supreme Court of India
Jan-07-2004
Civil
Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 - Sections 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11, 12, 13, 14, 15, 15(2), 16, 17, 19, 20, 22, 23, 24 and 26; ;Arbitration and Conciliation Act 1996 - Sections 8 and 11; Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Ordinance, 1996; Constitution of India - Articles 14 and 19(1), 245, 246, 254 and 254(2); Indian Electricity Act, 1910 - Sections 3 to 11, 12 to 19, 26A, 26A(2), 30 and 31 to 34; Indian Electricity (Amendment) Act, 1959; Electricity (Supply) Act, 1948 - Sections 2(4A), 2(6), 26, 26A and 37; ;Companies Act, 1956
JT2004(1)SC63; 2004(1)SCALE211; (2004)2SCC553
clause. Appellant No. l filed an application in the High Court under Sections 8 and 11 of the Arbitration and Conciliation Act 1996 for appointment of Arbitrator to decide pending disputes between the parties. On 27th May, 1996, Board wrote to … in so far as it is inconsistent with any of the provisions of the Act. have any effect. Section 26 provides for arbitration in case of any dispute arising in respect of the matters mentioned thereunder.12. On completion
Tag this Judgment! AI Brief & AskCiti Corp and anr. Vs. Todi Investors and anr.
Delhi
Oct-12-2006
Intellectual Property Rights
Arbitration and Conciliation Act, 1996 - Sections 2(2), 5, 7, 8, 8(1), 8(2), 11, 14, 14(2), 18, 19, 26, 26(2), 34, 37, 54 and 64C; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 151 - Order 7, Rule 11; Income Tax Act - Sections 56 and 67; Government of India Act, 1935 - Sections 226; Land Acquisition Act, 1894; Indian Electricity Act; Indian Electricity (Supply) Act; General Clauses Act - Sections 3(59); Trade Marks Act - Sections 134; INDRP Rules - Rule 3; UDNDR Policy Rules - Rules 4 and 18
2006(4)ARBLR119(Delhi); 2006(33)PTC631(Del)
which is the object of the Complaint by final and binding arbitration in India in accordance with the Arbitration and Conciliation Act, 1996, the .IN Domain Name Dispute Resolution Policy of IN Registry; Rules of Procedure and any bye-laws, rules or … in Part III of the Act. On such determination, it shall pass a decree and the award under Section 26 and in the form and manner specified therein. The Award is a decree and the statement of grounds
Tag this Judgment! AI Brief & Askinox Air Products Ltd. Vs. Rathi Ispat Ltd.
Delhi
Sep-29-2006
Property
Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 2, 2(1) and 9; General Clauses Act, 1897 - Sections 3(26); Transfer of Property Act, 1882 - Sections 3; Excise Act; Arbitration Act, 1940 - Sections 2, 14, 17, 31 and 41; Code of Civil Procedure (CPC) - Sections 15 to 20 - Order 7, Rule 10A
AIR2007Delhi53; 2006(4)ARBLR40(Delhi); 136(2007)DLT101; 2007(98)DRJ556
prayer of the plaintiff, it is deemed expedient to refer at the outset to Section 2(e) of the Arbitration and Conciliation Act, 1996. Section 2(e) which gives the definition of 'Court' explicitly states that 'Court' means a court which has jurisdiction to
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