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The Union of India Vs. Kishorilal Gupta and Bros.
Supreme Court of India
May-21-1959
ContractArbitration
Contract Act - Sections 62 and 63; Law of Contract
AIR1959SC1362; [1960]1SCR493; MANU/SC/0180/1959
delivered a separate judgment. SUBBA RAO J.-This appeal by special leave raises the question of survival of an arbitration clause in a contract after the said contract is superseded by a fresh one. The respondent'-firm, styled as
Tag this Judgment! AI Brief & Aski.T.C. Limited Vs. George Joseph Fernandes and anr.
Supreme Court of India
Feb-06-1989
ContractArbitration
Arbitration Act, 1940 - Sections 20 and 34; Constitution of India - Article 136; Indian Contract Act, 1872 - Sections 20
AIR1989SC839; 1989(2)ARBLR49(SC); (1990)1CALLT1(SC); (1989)1CompLJ260(SC); JT1989(1)SC552; 1989(1)SCALE283; (1989)2SCC1; [1989]1SCR469; 1989(1)LC711(SC)
same; that the arbitration clause is valid and binding between the parties; that the allegation of breach of contract and the claims made are within the jurisdiction of the arbitrator; and that all the conditions, under Section … learned single Judge granting stay of the appellant's suit on the respondent's application under Section 34 of the Arbitration Act, 1940.2. The appellant as plaintiff has instituted suit No. 736 of 1978 on 29-9-1978 in the original
Tag this Judgment! AI Brief & AskNational thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...
Delhi
Apr-17-2009
ContractArbitration
Arbitration and Conciliation Act, 1996 - Sections 8(2), 8(3), 11, 12, 13, 16, 18, 19(3), 28(3), 31 and 34; Arbitration Act, 1940 - Sections 4, 11, 11(6), 12, 12(3), 13, 13(2), 16, 16(1), 19, 19(3) and 31(7); Indian Contract Act, 1872 - Sections 28, 28(1), 53, 54, 55 and 70; Evidence Act, 1872; Code of Civil Procedure (CPC) , 1908
160(2009)DLT642
Mukul Mudgal, J.1. These are objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') read with Sections 12, 13, 16, 18, 28(3) … dated 13th September, 1999 and 25th June, 2002.2. The disputes between the parties arose from a lump sum contract for 4 Cooling Towers of reinforced cement concrete 120 Metres high along with RCC basin for collection of
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The Chartered Bank Vs. the Commissioner for the Port of Calcutta
Kolkata
Nov-22-1971
ArbitrationContract
Arbitration Act, 1940 - Sections 34 and 40
AIR1972Cal198
parties were thereby cancelled.(e) The Guarantee does not purport to and does not guarantee the concluded contract.(f) The arbitration clause was altered in material respect by the concluded contract unknown to the appellant.5. It is clear from
Tag this Judgment! AI Brief & AskDeviprasad Khandelwal and Sons Vs. Union of India
Mumbai
Oct-14-1967
ArbitrationContract
Indian Contract Act, 1872 - Sections 7 and 10; Constitution of India - Articles 14, 19, 19(1) and 299; Iron and Steel Control Order, 1956; Essential Commodities Act, 1955; Code of Civil Procedure (CPC), 1908; General Clauses Act, 1897 - Sections 21
AIR1969Bom163; (1968)70BOMLR364
1. This is a petition under Sections 33 and 5 of the Arbitration Act, 1940, challenging the existence and, in the alternative, the validity of an arbitration agreement and, in case … of the said letter the Regional Director (Food), Bombay, has outlined a procedure for the performance of the contract. The said procedure is the subject matter of controversy, and the petitioners contend that these are fresh terms
Tag this Judgment! AI Brief & AskEuropean GraIn and Shipping Ltd. Vs. Bombay Extractions Private Ltd. a ...
Mumbai
Nov-04-1981
ContractArbitration
Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 2
AIR1983Bom36; (1982)84BOMLR246
by the appellants at London where it was sent by the brokers.3. GAFTA Contract No. 119 contained an arbitration clause, the material part of which reads as follows;-'Any dispute arising out of or under this contract shall
Tag this Judgment! AI Brief & AskCultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.
Andhra Pradesh
Dec-12-2001
ArbitrationContract
Arbitration and Conciliation Act, 1996 - Sections 2(4), 2(5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33 ; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 45; Uncitral Model Law; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134A and 227
2002(2)ALD149; 2001(6)ALT706
to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is … the appellant filed its written statement in the suit, and till then the question as to whether the contract between the parties is uncertain, or is null and void cannot be decided, the trial Court confirmed the
Tag this Judgment! AI Brief & AskParmeshwari Das Mehra and Sons Vs. Firm Ram Chand Om Prakash and anr.
Punjab and Haryana
Jul-04-1951
ContractArbitration
Contract Act, 1872 - Sections 13 and 56
AIR1952P& H34
forms, and execution of the contracts was not disputed. One of the terms of the contracts provided for arbitration, and this term ran as follows:'All other terms and conditions as of Karachi piece-goods contract. Any dispute or
Tag this Judgment! AI Brief & AskOil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd.
Supreme Court of India
Apr-17-2003
ArbitrationContract
Arbitration and Conciliation Act, 1996 - Sections 2 to 43, 48, 48(1), 67, 68, 69, 70, 70(2), 70(3), 73, 75 and 81; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872; Represention of the People Act, 1951 - Sections 90, 90(2) and 92; Indian Contract Act, 1872 - Sections 56, 73 and 74; Transfer of Property Act; Arbitration (Protocol and Convention) Act, 1937 - Sections 7(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Arbitration Act, 1940 - Sections 23 and 28
AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691; MANU/SC/0314/2003
Court's jurisdiction in case where award passed by the Arbitral Tribunal is challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') as the decision in this appeal would depend … of the Act or any other substantive law governing the parties or is against the terms of the contract?2. Learned senior counsel Mr. Ashok Desai appearing for the appellant submitted that in case where there is clear
Tag this Judgment! AI Brief & AskThe Owners and Parties Interested in the Vessel M.V. Baltic Confidence ...
Supreme Court of India
Aug-20-2001
ContractArbitration
Arbitration and Conciliation Act, 1996 - Sections 45; Arbitration Act, 1950 - Sections 33; Arbitration (Amendment)Act, 1979
2001VIAD(SC)362; AIR2001SC3381; 2001(3)ARBLR96(SC); 2001(49)BLJR2359; JT2001(6)SC610; 2001(5)SCALE356; (2001)7SCC473
herein as the 1st and 2nd defendants in the suit filed an application under Section 45 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') praying inter alia for staying of the proceedings in the … appellants and respondent no. 2 alleging inter alia that the defendants had negligently and in breach of the contract of carriage and/or breach of their duties as bailees, failed to deliver goods to the plaintiff in good
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