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State of Orissa and Orissa Mining Corporation Vs. Klockner and Company ...

Court : Supreme Court of India

Subject : CivilArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Arbitration Act, 1940 - Sections 32 and 34; Government of Orissa (Law Department) promulgated Ordinance, 1991

Reported in : [1996]87CompCas644a(SC)

ORDERK. Venkataswami, J.1. The above Civil Appeals arise out of an Order passed in Misc. Case No. 426/93 in T.S. 152/93 on the file … clause for the purpose of disposal of these Appeal is clause 15 in the agreement which relates to arbitration. It reads as follows; 15. 1. In the remote and unlikely event of there being any dispute or

Davuluru Vijaya Ramayya Vs. Davuluru Venkatasubba Rao and ors.

Court : Chennai

Subject : CivilArbitration

Reported in : (1916)30MLJ465

the consent decree was with leave of the court under 0rder 32, Rule 7 (Section 462 of the Civil Procedure Code, 1882). I shall in the rest of my judgment refer only to the Code of 1908 … been instituted by the present 1st defendant for partition. That suit was in the First Court referred to arbitration (by orders in November 1906 and March 1907). The award was dated 9th April 1907 and a decree

Singhal and Brothers and anr. Vs. Mahanagar Telephone Nigam Ltd. and o ...

Court : Mumbai

Subject : CivilArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 3(1), 4, 11, 11(3), 11(4), 11(5), 11(6), 11(7), 16, 21, 30, 43, 43(2), 43(3) and 43(4); ;Arbitration and Conciliation Act, 1940; ;Limitation Act, 1963 - Sections 43 - Schedule - Article 137; ;Industrial Disputes Act, 1947; ;Land Acquisition Act - Sections 18 and 30; Maharashtra Regional Town Planning Act, 1996 - Sections 226

Reported in : 2005(5)BomCR261; 2005(3)MhLj951

of the arbitral tribunal under Section 16, on the facts of that case, the Court held that the Civil Court could not decide the issue. Even in a matter, if an issue arises, whether notice has been … this petition is as under : Does the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996, have the jurisdiction to dismiss an application for constitution of an arbitral tribunal on

Ram Lal Jagan Nath Vs. Punjab State Through Collector and anr.

Court : Punjab and Haryana

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 2

Reported in : AIR1966P& H436

for his decision.It is indisputable that the Courts in this country have jurisdiction to try all suits of civil nature and the present suits are undoubtedly of that nature. But it is competent to a party to … having arisen between the parties regarding payment in several cases, the contractors approached the Settlement Committee, Patiala, for arbitration. In the case before us, however, the dispute relates to work-orders No. 1-6/259, dated 21-11-1958, No. 98-100/37, dated

Bijendra Nath Srivastava (Dead) Through Lrs. Vs. Mayank Srivastava and ...

Court : Supreme Court of India

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 13, 14, 17 and 30; Limitation Act, 1963 - Schedule - Article 119; Code of Civil Procedure (CPC) - Sections 35 - Order 6, Rules 2, 4 and 17; Representation of the People Act, 1951 - Sections 83(1)

Reported in : AIR1994SC2562; JT1994(5)SC195; 1994(3)SCALE739; (1994)6SCC117; [1994]Supp2SCR529

the six branches of the family is liable to be set aside. The award was accepted by the Civil Court (Vth Additional District & Sessions Judge, Lucknow and a direction was given for making it the rule … divided the immovable as well as movable properties in six shares for each of six parties to the arbitration. By the said award the joint family properties were divided as follows :Party No. 1 Immovable property Rs.

Rayalaseema Bank Ltd. Vs. Tharigopala Pedda Narayanappa and anr.

Court : Andhra Pradesh

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 39(1) and 39(2)

Reported in : AIR1961AP483

39(2) of the Indian Arbitration Act refers to the appeals under Sections 100, 109 and 110 of the Civil Procedure Code, and would not apply to appeals under Clause (10) of the Letters Patent of the Punjab

Vijayalakshmi Jayaram Vs. M.R. Parasuram and Others

Court : Andhra Pradesh

Subject : CivilCommercialArbitration

Acts : Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4 - Order 21, Rule 49 - Order 22, Rules 5 and 10; Partnership Act, 1932 - Sections 44; Arbitration Act, 1940 - Sections 13 and 34; Succession Act, 1925; Companies Act - Sections 433

Reported in : AIR1995AP351; 1995(2)ALT32

appeal has abated long back has to be considered. Under Order, 22 Rule 10A of the Code of Civil Procedure, in the case of death of any party, it is the duty of the counsel appearing for … circumstances to account and in the event there being any further dispute the same shall be settled by arbitration.' As per Clause 26, 'with regard to any dispute arising out of this agreement or of the interpretation

Indian Hume Pipe Co. Ltd. Vs. State of Rajasthan

Court : Supreme Court of India

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 3, 29, 30, 33, 39 and 41; Code of Civil Procedure (CPC) - Sections 34

Reported in : 2009(4)AWC3998(SC); (2009)8MLJ948(SC); 2009(II)OLR(SC)883; 2009(13)SCALE316; (2009)10SCC187:].2009AIRSCW6521

dated 15.5.2007 passed by learned Single Judge of High Court of Judicature for Rajasthan, Jaipur Bench in SB Civil Miscellaneous Appeal No. 1631/2006, whereby and where under the appeal preferred by appellant herein under Section 39 of … Appeal No. 1631/2006, whereby and where under the appeal preferred by appellant herein under Section 39 of the Arbitration Act, 1940 (hereinafter shall be referred to as `the Act') has been dismissed, which arose out of the

Union of India (Uoi) Vs. Moti Enterprises

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 16 and 34

Reported in : 2005(2)MhLj791

bad weather; or (iii) by reason of serious loss or damage by fire, or (iv) by reason of civil commotion, local combination ofworkmen, strike or lockout, affecting any of the tradesemployed on the work, or (v) by … the orders and judgments of a learned single Judge dismissing the appellants' petition Under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the said Act') for setting aside the award of the learned sole

Afcons Infrastructure Ltd. and Another Vs. Cherian Varkey Construction ...

Court : Supreme Court of India

Subject : CivilArbitration

Acts : Code of Civil Procedure (CPC) - Section 89, Order 1 Rule 8 CPC & Order 23 Rule 3 - Arbitration & Conciliation Act, 1996 - Section 30 & 73(1) - Legal Services Authorities Act, 1987 - Section 21

Reported in : 2010(3)KLT75(SN)(C.No.83)SC; 2010(3)ILR(Ker)917; 2010(6)SCJ786; 2010(5)LW241; 2010(8)MLJ369; 2010AIR(SCW)4983; 2010(8)SCC24; 2011(2)KLJ(NOC)17; 2010(3)CLT351; 2010(3)ArbLR116; 2010(7)Scale293; 2010(7)JT616; 2010(6)SLT362; [2010] 8 SCR 1053

R.V. RAVEENDRAN, J.Leave granted. The general scope of Section 89 of the Code of Civil Procedure (`Code' for short) and the question whether the said section empowers the court to refer the parties … and the question whether the said section empowers the court to refer the parties to a suit to arbitration without the consent of both parties, arise for consideration in this appeal.2. The second respondent (Cochin Port Trust)