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Mr. Jai Singh Vs. Delhi Development Authority and anr.

Court : Delhi

Subject : ContractArbitration

Acts : Indian Contract Act - Sections 54 and 73; Arbitration Act - Sections 29

Reported in : 2003(66)DRJ677

contractual obligations and reciprocal promises are established, justifying relief under Section 54 read with Section 73 of the Indian Contract Act. Out of delay of 20 months, I am not inclined to allow compensation for first 6 months in … on the part of the respondent in fulfilling contractual obligations and reciprocal promises are established, justifying relief under Section 54 read with Section 73 of the Indian Contract Act. Out of delay of 20 months, I am … of the decree till the date of realisation in terms of Section 29 of the Arbitration Act. Arbitration - Setting aside award--Excepted matters--Relevant clause in … matters in the agreement are generally excluded from the purview of the arbitration. Reference in this regard may be made to the decision of the

Bharat Coking Coal Ltd. Vs. Annapurna Construction

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 14, 15, 16, 29, 30 and 33; Code of Civil Procedure (CPC) - Sections 11, 41 and 152; Indian Contract Act - Sections 73

Reported in : AIR2003SC3660; 2003(6)ALD85(SC); 2004(5)ALLMR(SC)56; 2003(3)ARBLR119(SC); [2003(4)JCR87(SC)]; JT2003(Suppl1)SC280; (2003)3MLJ185(SC); 2003(7)SCALE20; (2003)8SCC154; [2003]4

and nature of Clause 14(ii) operates as a special provision to the exclusion of Section 73 of the Indian Contract Act is a matter of appreciation of facts in a case, and when the decision thereon is not patently … Arbitration Act, 1940 (for short 'the Act'). The appellant herein in the said proceedings filed an objection under Sections 15, 16, 30 and 33 of the Act. The learned trial Judge by reason of a judgment dated … Sinha, J.1. These appeals are directed against the judgment and order dated 29.4.1997 passed by the High Court of Patna, Ranchi Bench, Ranchi in Appeal

Smt. Panna Sunit Khatau and Others Vs. Dilip Dharamsey Khatau and Othe ...

Court : Mumbai

Subject : Land Acquisition

same. With regard to claim of remaining sum of Rs. 24000/-, the Court referred to Section 74 of Indian Contract Act and observed that Section 74 deals with the measure of damages in two clauses of cases (i) where … disprove the actual loss. The Arbitral Tribunal is bound by law of Precedent and/or ratio decided: 32. Considering Sections 73 and 74 of the Contract Act read with Sections 101, 102 and 103 of the Evidence Act, burden … this petition filed under section 30 read with section 33 of the Arbitration Act, 1940, the petitioner seeks to challenge the interim award dated 4th … liquidated damages and proof of loss will be necessary in some cases. 29. No doubt, on the facts before it, the Supreme Court has observed

The Transmission Corporation of Andhras Pradesh Limited (A.P. Transco. ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 11, 20, 29, 30 and 34; Arbitration and Conciliation Act, 1986 - Sections 31 and 31(1); Indian Contract Act - Sections 73; Constitution of India - Article 226

Reported in : 2007(2)ALD697; 2007(1)ALT515; 2007(1)ARBLR447(AP)

which, no liability can be fastened. This basic principle gets its deterioration also under Section 73 of the Indian Contract Act which itself reads to the effect that 'when a contract has been broken, the party who suffers by … part of the appellants, the respondent No. 1 filed Arbitration Application No. 29 of 2001 under Section 11(b) of the Arbitration and Conciliation Act, 1996 … appeal is at the instance of the unsuccessful petitioners in the Court below in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in brevity the Act) seeking to set aside the Award

Jagdish Chander Vs. Hindustan Vegetable Oils Corporation and anr.

Court : Delhi

Subject : ContractArbitration

Acts : Indian Contract Act, 1973 - Sections 73; Arbitration Act, 1940 - Sections 14

Reported in : AIR1990Delhi204; 1989(2)ARBLR189(Delhi); ILR1990Delhi399

costs. Arbitration Act, 1940 - Sections, 14, 17, 29 & 30--Chosen Arbitrator--expert--Award--defendant filed objections--Indian Contract Act, 1973 - Sections 73, 74--Misconduct of proceedings--evidence ignored--violation of Principles of Natural Justice--liquidated damages--violation of clause of contract--Non speaking Award--No order on … was that the arbitrator has misconducted the proceedings by violating the substantive provisions of Section 73 of the Indian Contract Act inasmuch as damages have been awarded for breach of the contract without any loss having been proved by

Delhi Development Authority Vs. Polo Singh and Co.

Court : Delhi

Subject : ContractArbitration

Acts : Arbitration Act - Sections 14, 17, 29, 30 and 33; ;Indian Contract Act, 1872 - Sections 73 and 74

Reported in : 2003(1)ARBLR270(Delhi); 101(2002)DLT401; 2003(66)DRJ132

profits was a claim of remote nature, which was not permissible under Section 73 & 74 of the Indian Contract Act, 1872. It was contended that after undertaking the construction work respondent/claimant would not have necessarily earned profits. The … however, disallowed by the arbitrator.10. An application under Section 14, 17 & 29 of the Arbitration Act (hereinafter referred to as 'the Act') was filed … of damages for loss of profit with interest @10% rightly made rule of the court--Objection unsustainable--Contract Act, 1872, Sections 73 & 74.; While allowing claim No. 1 and disallowing counter-claims of appellant on three counts, the arbitrator returned … for non-commencement of the construction work, disputes arose, which were referred to arbitration. The arbitrator made his award on 26th of December, 1992.6. The following

The Salween Timber and Construction Company (India) Vs. Union of India

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30

Reported in : 4(1968)DLT93

to the provisions in Section 56 of the Indian Sale of Goods Act and Section 73 of the Indian Contract Act, and that this was an apparent error of law on the face of the award. The learned Subordinate … award from the appellant-company), filed an application in the Court of the Subordinate Judge 1st Class, Delhi under Sections 14 and 17 of the Indian Arbitration Act praying that a ntoice be issued to the Umpire to … the claimants on 11-1-1956? If so, were the same duly inspected by 29-6-56 and inspection ntoes issued If nto with what effect 5. Whether 920

Maharashtra State Electricity Distribution Company Ltd. and Another Vs ...

Court : Mumbai

Subject : Land Acquisition

He contended that such an award was contrary to the substantive provisions of law (in this case the Indian contract Act Sections 53 and 73) and patently illegal (being against those provisions of law). Though the principles would certainly govern … known as Maharashtra State Electricity Distribution Company Limited (MSEDCL) has filed this appeal under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”) challenging the judgment and order passed by … of Motion is, therefore, dismissed. Notice of Motion No. 461 of 2010 29. This Notice of Motion has been taken out by DSL for striking

P.K. Kukreja Vs. Delhi Development Authority and anr.

Court : Delhi

Subject : Arbitration

Acts : Indian Contract Act - Sections 73; Arbitration Act - Sections 29

Reported in : 1997IIAD(Delhi)787; 1997(1)ARBLR429(Delhi); 66(1997)DLT193

the petitioners have claimed for compensation of losses on account of T&P; establishment under Section 73 of the Contract Act claiming all losses and damages on account of idle T&P; establishment etc. and also for loss of profit. … Nos. 11 and 12 for damages and loss of profit being founded on the breach of contract and Section 73 encompassing both the claims as damages, the Umpire awarded mechanically different amounts on each claim. In view … Clause 25 for resolution of disputes and differences between the parties through arbitration. (2) Disputes having arisen between the parties to the contract in respect … from the date of the decree till realisation in terms of Section 29 of the Arbitration Act. No cost. In the instant case, it was

Prathyusha Associates Rep. by Its Managing Partner, P. Raja Rao Vs. Ra ...

Court : Andhra Pradesh

Subject : Limitation

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 4, 9, 11, 15, 30, 34 and 34(2); ;Limitation Act, 1963 - Sections 18 - Schedule - Articles 18, 55, 58 and 137; ;Arbitration Act, 1940 - Sections 8, 29(1), 20, 30 and 37(1); ;Indian Contract Act - Sections 73

Reported in : 2006(1)ALT691; 2006(2)ARBLR130(AP)

award and further the question of liquidated damages was to exclude the provisions of Section 73 of the Indian Contract Act was one of the points for consideration and it was held that it was a matter of appreciation … of the contract with the consent of the parties.Clause 35 deals with arbitration.6. On 22-3-1993, the claimant addressed a letter to the employer seeking extension … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised … to any petition or application filed in a civil Court under Section 29(1) of the old Act. It was further observed by Their Lordships..It is