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Spedra Engineering Corporation Engineers and Contractors, Bhopal Vs. S ...
Madhya Pradesh
Jun-22-1987
ArbitrationConstitution
Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Sections 7, 7(1), 18, 19 and 20; Constitution of India - Aricles 14, 254 and 254(2); Arbitration Act, 1940 - Sections 30; Code of Civil Procedure (CPC) - Sections 115; Madhya Pradesh General Clauses Act - Sections 10
AIR1988MP111
petitioner commenced its work. Clause G.C. 52 of the Agreement provided for settlement of disputes by recourse to arbitration. As per this clause, all the disputes and differences in respect of which the decision has not become … C.P. Sen, J.1. This is a petition under Articles 226 and 227 of the Constitution for striking down of M.P. Madhyastham Adhikaran Adhiniyam, 1983, and for quashing the order dt. 16-8-1985 of the
Tag this Judgment! AI Brief & AskUchhabananda Samantarary and ors. Vs. State of Orissa and ors.
Orissa
Jun-21-1990
ArbitrationConstitution
Constitution of India - Articles 14, 254 and 254(2); Arbitration Act, 1940 - Sections 41A and 41A(1); Orissa Arbitration (Amendment) Act, 1983
AIR1991Ori145
the disputes in question and it was with that object that the Arbitration Act was amended providing for constitution of a tribunal and reference to the said tribunal of all pending disputes before an arbitrator where the … G.B. Patnaik, J. 1. In this batch of writ applications, the validity of Section 41A of the Arbitration Act which was brought on to the statute book by the Arbitration (Orissa Amendment) Act, 1982 (Orissa Act
Tag this Judgment! AI Brief & AskNanalal M. Varma and Co. (Gunnies) Private Ltd. Vs. G. Ambalal (Export ...
Kolkata
May-17-1956
ArbitrationConstitution
Constitution of India - Articles 6, 14, 19, 19(1) and 22; ;Arbitration Act, 1940 - Sections 13 and 30; ;Bengal Chamber of Commerce Arbitration Rules - Rules 6 and 8; ;Evidence Act, 1872 - Section 115
AIR1956Cal476,60CWN810
and the rules of arbitration of the Bengal Chamber of Commerce and Industry, Calcutta are ultra vires the Constitution of India. The second ground is that the award is bad for erroneous exercise of discretion by the … case No. 861 of 1955.2. The award is challenged on five grounds. The first ground is that the arbitration clause and the rules of arbitration of the Bengal Chamber of Commerce and Industry, Calcutta are ultra vires
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E. Venkatakrishna Vs. the Indian Oil Corporation Ltd.
Karnataka
Oct-13-1987
ArbitrationConstitution
Constitution of India - Articles 12, 14, 226 and 299; Arbitration Act, 1940 - Sections 2 and 32; Esso (Acquisition of Undertakings in India) Act, 1974 - Sections 7
AIR1989Kant35
learned counsel for the Corporation, urged the following points:(i) There isa clause in the agreement which provides for arbitration in the event of there being any dispute between a distributor and the Corporation. In view of the … Gas entered into between him and the respondentIndian Oil Corporation, as void as offending Art. 14 of the Constitution of India and for the, issue of consequential orders quashing the order by which the said distributorship agreement
Tag this Judgment! AI Brief & AskDharam Prakash Vs. Union of India (Uoi) and anr.
Delhi
Feb-08-2007
ArbitrationConstitution
Arbitration and Conciliation Act, 1996 - Sections 5, 13, 13(3), 13(4), 13(5), 34 and 34(2); Arbitration Act, 1940 - Sections 11; Constitution of India - Articles 14 and 21
AIR2007Delhi155; 2007(1)ARBLR308(Delhi); 138(2007)DLT118; 2007(94)DRJ431
the petitioner has challenged the constitutional validity of the provisions of Section 13(4) and Section 34 of the Arbitration and Conciliation Act, 1996 as being vocative of Articles 14 and 21 of the Constitution of India.2. In
Tag this Judgment! AI Brief & AskManaging Director, Apsrtc and anr. Vs. A. Annaiah
Andhra Pradesh
Oct-06-2009
ArbitrationConstitution
Arbitration Act, 1940 - Sections 17, 20 and 39; Arbitration and Conciliation Act, 1996 - Sections 21, 36, 85 and 85(2); Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 46; Constitution of India - Article 227
2010(1)ALT37
No. 9 of 1994 in the Court of the Additional District Judge, Hindupur, under Section 20 of the Arbitration Act, 1940 to direct the Corporation to file the agreement dated 31.8.1991 into Court and make an order … the Corporation. Aggrieved by the same, the present Civil Revision Petition is filed under Article 227 of the Constitution of India.6. J have heard the learned Counsel for both the parties and perused the material on record.7.
Tag this Judgment! AI Brief & AskNila Construction Company Vs. Sanghi Industries Ltd., Cement Division
Andhra Pradesh
Oct-21-2005
ArbitrationConstitution
Arbitration and Conciliation Act, 1996 - Sections 2, 11 and 34; Contract Act - Sections 28; Code of Civil Procedure (CPC) - Sections 20, 115, 148 and 149 - Order 39, Rules 1, 2 and 3; Constitution of India - Articles 226 and 227
2006(1)ALD486; 2005(6)ALT806; 2006(2)ARBLR490(AP)
of 2004 by the learned District Judge, Ranga Reddy, at L.B. Nagar, filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity the Act), praying to set aside the Arbitration Award dated 5-8-2002, the … it, by filing counter instead of invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.10. Concisely, this is the major issue that, this Court, is called upon to decide. For a
Tag this Judgment! AI Brief & AskYashwitha Constructions (P) Ltd. Vs. Simplex Concrete Piles India Ltd. ...
Andhra Pradesh
Nov-25-2005
ArbitrationConstitution
Arbitration and Conciliation Act, 1996 - Sections 11, 11(5), 11(6), 11(10), 12, 13, 14, 15, 15(2), 16 and 16(2); Arbitration Act, 1940 - Sections 8(1); Constitution of India - Articles 136 and 226
2006(2)ALT333; 2006(2)ARBLR203(AP)
the order, dated 4-3-2005, passed by the Hon'ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, in Arbitration Application No. 50 of 2005.3. The petitioner is a contractor, the respondent No. 1 is the company and … : AIR2003SC4207 , wherein a two-judge Bench of the apex Court, while referring to the decision of the Constitution Bench of the apex Court in Konkan Railway Corporation Ltd v. Rani Construction Pvt. Ltd. : [2002]1SCR728 ,
Tag this Judgment! AI Brief & AskUnion of India Vs. Prince Muffakam Jah and Othersinterveners: Professo ...
Supreme Court of India
Oct-20-1994
ArbitrationConstitution
Constitution of India - Articles II(3), 362 and 363; Wealth-tax Act, 1957 - Sections 5; Antiquities and Art Treasures Act, 1972; Nizam's Trust Deeds Validation Act, 1950
AIR1995SC227; 1994(2)ARBLR503(SC); [1994]Supp4SCR582
the connected civil appeals were disposed of by an order dated 25th April, 1989 referring the same to arbitration. There was a divergence of opinion between the two arbitrators and the matter was referred to Mr. Justice … the purview of the jurisdiction of this Court in view of the provisions of Article 363 of the Constitution of India.11. The application contains gross misrepresentation. In fact, identical contentions regarding the ownership were taken by the
Tag this Judgment! AI Brief & AskRambhau Jairam Dhamange Vs. Vinkur Co-operative Society Ltd. (by Its P ...
Mumbai
Jul-01-1965
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 2 and 10(2)
[1967(14)FLR27]
Bhikaji Karanjia 1942 Bom. L.R. 676 (vide supra) the conflict was between the exclusive jurisdiction conferred by the Arbitration Act in the event of an arbitration clause being agreed upon and the jurisdiction of the Registrar under … repealed. Section 54(1)(a) of the old Act ran as follows : '54. (1)(a) If any dispute touching the constitution or business of society arises between members or past members of the society or persons claiming through a
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