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A.K. Enterprises, Agra Vs. Sterling Machine Tolls and Another
Allahabad
Nov-02-1999
Intellectual Property Rights
Trade and Merchandise Marks Act, 1958 - Sections 2 and 105; Code of Civil Procedure (CPC), 1908 - Sections 2(4), 3, 24, 62, 62(2) and 115; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8, 8(1) and 8(2); Arbitration and Conciliation Act, 1996 - Sections 2, 34, 42 and 110; General Clauses Act, 1897 - Sections 3; Allahabad High Courts Rules, 1952 - Rule 11; Industrial Disputes Act, 1947 - Sections 7(3); Constitution of India- Article 236; Copyright Act, 1957 - Sections 62
2000(2)AWC897
to Section 105 of the Trade and Merchandise Marks Act, 1958. The provisions of Section 42 of the Arbitration and Conciliation Act, 1996 are quoted herein below :'42. Jurisdiction.--Notwithstanding anythingcontained elsewhere in this partor in any other law for the timebeing … view of what has been discussed above, the revision fallsand is dismissed. Intellectual Property Rights - jurisdiction - Sections 2(1)(e) and 105 of Trade and Merchandise Marks Act, 1958, Section 2(4) of Code of Civil Procedure, 1908,
Tag this Judgment! AI Brief & AskM/S. Anuptech Equipments Private Ltd. Vs. M/S. Ganpati Co-op. Housing ...
Mumbai
Jan-30-1999
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 4, 5, 7, 8, 9, 10, 11, 12(3), 13, 14, 15, 16, 19, 23, 24, 25, 27, 29, 30, 31, 32(2), 33, 34, 35, 36, 37, 42 and 43(4); Arbitration Act, 1940 - Sections 17; Code of Civil Procedure (CPC), 1908 - Sections 151; Limitation Act, 1963; Industrial Disputes Act, 1947 - Sections 10-A; Constitution of India - Articles 136, 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 151
AIR1999Bom219; 1999(3)ALLMR580; 1999(2)BomCR331; 1999(2)MhLj161
Court is sought to be invoked under sections 12(3)(b), 13, 14, 15, 24 and other provisions of the Arbitration and Conciliation Act, 1996 as can be seen from the cause title of the petition. The reliefs, as prayed for amongst others, … the Civil Court is excluded in respect of any matter which is subject matter of arbitration agreement. Section 42 of the Act of 1996 only sets out that where an application has been made under Part I
Tag this Judgment! AI Brief & AskThe National thermal Power Corp. Vs. R.S. Avtar Singh and Co. and anr.
Delhi
Sep-06-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 2(3), 10, 34, 34(2), 34(3) and 42; Arbitration Act, 1940 - Sections 7, 8, 11, 14(2), 20, 21, 31(1) and 31(4)
2002(63)DRJ211
which craves for an answer is as to whether the present application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the Act) could be filed in this court or not.2. This question arises in view of … All 313. While reading Section 2(e) and Section 42 of the Act the court held:'A conjoint reading of Sections 2(e) and 42 of the act, leaves no manner of doubt that the parliament intended to make only
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Garden Finance Ltd. Vs. Prakash Inds. Ltd. and anr.
Mumbai
Apr-24-2001
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 5, 8, 8(1), 8(2), 11, 11(4) and 42; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 17, 22 and 25; Companies Act, 1956; Sick Industrail Companies (Special Provisions) (Amendment) Act, 1993
AIR2002Bom8; 2002(1)BomCR641; (2001)4BOMLR310; [2003]115CompCas116(Bom); 2001(4)MhLj425; MANU/MH/0357/2001
possession of the machineryfor a period of six weeks from today. [A] Arbitration and Conciliation Act, 1996 - Sections 11 and 42 - Appointment of Arbitrator - Suit for recovery of lease property - Application for appointment … arbitration clause and as the Plaintiffs did not take any action, an application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed before the Delhi High Court for appointment of an Arbitrator. That application is still pending
Tag this Judgment! AI Brief & AskShivnath Rai HarnaraIn (India) Ltd. Vs. Abdul Ghaffar Abdul Rehman (De ...
Supreme Court of India
Mar-10-2008
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2(1), 11, 11(6) and 42
AIR2008SC1906; 2008(3)ALT43(SC); 2008(2)ARBLR121(SC); 2008(2)AWC1204(SC); [2008]142CompCas855(SC); (2008)2CompLJ352(SC); 2008(4)CTC644; JT2008(4)SC288; 2008(6)MhLj186
turn around and say that this Court be appointed an arbitrator - Application dismissed. [paras 11, 16] - ARBITRATION AND CONCILIATION ACT, 1996. Sections 11(6) & 42: [H.K. Sema, J] Appointment of arbitrator Agreement providing for reference to named arbitrator set aside
Tag this Judgment! AI Brief & AskSirojexport Company Ltd. Vs. Indian Oil Corporation Ltd.
Rajasthan
Nov-18-1996
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 42; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 115; General Rules (Civil), 1966 - Rule 19
AIR1997Raj120; 1996(2)WLN693
Matched in: Citation AIR1997Raj120; 1996(2)WLN693
Tag this Judgment! AI Brief & AskRam Prasad Sharma Vs. Jharkhand State Housing Board and ors.
Jharkhand
Feb-09-2005
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 34 and 42(2)
2005(2)ARBLR547(Jhar); 2005(1)BLJR562; [2005(2)JCR1(Jhr)]
that the instant petition under Section 34 of the Act of 1996 for setting aside award is maintainable. Arbitration and Conciliation Act, 1996, Sections 8,34 and 42(2)(e) - Setting aside of award--Maintainability of application for--In earlier writ dispute was referred to Managing
Tag this Judgment! AI Brief & AskApparel Export Promotion Council Vs. Shri Prabhati Patni, Proprietor C ...
Delhi
Dec-01-2005
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 4, 7, 34, 35 and 42; ;Indian Contract Act, 1872 - Sections 23 and 28; ;Arbitration Act, 1940 - Sections 14, 17, 31(4) and 41; ;Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 7, Rules 10 and 11
2005(3)ARBLR518(Delhi); 125(2005)DLT511; 2006(86)DRJ48
respondent No. 1 were unhappy with the impugned award, both have filed objections Under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for setting aside the said award. However, while the respondent No. … No. 1 Under Section 4, 2(b), 2(e), 2(h), 7, 34, 35 and 42 of the said Act read with Order 7 Rules 10 and 11 … valid. If such a contract is clearly, unambiguous and explicit and not vague it is not hit by Sections 23 and 28 of the Contract Act. This cannot be understood as parties contracting against the Statute. Mercantile
Tag this Judgment! AI Brief & AskM/S Uttam Singh Duggal and Company Limited Vs. Chief Engineer, Project ...
Delhi
Jan-10-2001
Arbitration
Arbitration and conciliation Act, 1996 - Sections 11, 34, 36 and 42
2001IIIAD(Delhi)250; 91(2001)DLT108; 2001(58)DRJ336; 2001(2)RAJ183
of India, has filed application before Agartala Bench of the Gauhati High Court under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as Act of 1996) for setting aside the award dated 20th August, 1999 and as per … With this order all pending IAs and the suit stand disposed of. Arbitration and Conciliation Act, 1996 - Sections 11, 34 and 42--Award--Arbitrator appointed under Arbitration Act, 1940--Award filed in court--Registered as suit by the registry--Registration of
Tag this Judgment! AI Brief & Aski.T.i. Ltd., Naini, Allahabad Vs. District Judge, Allahabad and Others
Allahabad
May-15-1998
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 2, 9, 27(2), 32(2), 33(4), 34 and 42; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 8(2)and 24(1); General Clauses Act, 1897 - Sections 3(17); Arbitration Act, 1940 - Sections 2, 5, 11, 14(2), 20, 31, 31(4); Code of Civil Procedure (CPC), 1908 - Sections 92
1998(3)AWC2244
the question whether the Additional District Judge is a Court within the meaning of Section 2(e) of the Arbitration and Conciliation Act, 1996 and if not, can the District Judge transfer the application moved for setting aside the Arbitration Award under … and the arbitral proceedings shall be made in that Court and in no other Court.'A conjoint reading of Sections 2(e) and 42 of the Act, leaves no manner of doubt that the Parliament intended to make only
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