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May 21 1959

The Union of India Vs. Kishorilal Gupta and Bros.

Court : Supreme Court of India

Decided on : May-21-1959

Subject : ContractArbitration

Acts : Contract Act - Sections 62 and 63; Law of Contract

Reported in : AIR1959SC1362; [1960]1SCR493; MANU/SC/0180/1959

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by special leave raises the question of survival of an arbitration clause in a contract after the said contract is superseded by a fresh one.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 " Kishorilal Gupta &

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Feb 06 1989

i.T.C. Limited Vs. George Joseph Fernandes and anr.

Court : Supreme Court of India

Decided on : Feb-06-1989

Subject : ContractArbitration

Acts : Arbitration Act, 1940 - Sections 20 and 34; Constitution of India - Article 136; Indian Contract Act, 1872 - Sections 20

Reported in : 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

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Apr 17 2009

National thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...

Court : Delhi

Decided on : Apr-17-2009

Subject : ContractArbitration

Acts : 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

Reported in : 160(2009)DLT642

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 … 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)

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Nov 22 1971

The Chartered Bank Vs. the Commissioner for the Port of Calcutta

Court : Kolkata

Decided on : Nov-22-1971

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 34 and 40

Reported in : 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 … deliver to the respondent 2 Hopper Barges at a price of 3,50,000/-each aggregating 7,00,000/-. In consideration of the contract the appellant by two several Deeds of Guarantee dated 7-6-1966 guaranteed the due performance and observance by the

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Oct 14 1967

Deviprasad Khandelwal and Sons Vs. Union of India

Court : Mumbai

Decided on : Oct-14-1967

Subject : ArbitrationContract

Acts : 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

Reported in : AIR1969Bom163; (1968)70BOMLR364

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 … 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

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Nov 04 1981

European GraIn and Shipping Ltd. Vs. Bombay Extractions Private Ltd. a ...

Court : Mumbai

Decided on : Nov-04-1981

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 2

Reported in : 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 … the purpose of the appeal to refer to the details of the transactions in respect of which a contract in writing was entered into on 16th Sept. 1976 between the appellants and the respondents through the brokers

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Dec 12 2001

Cultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.

Court : Andhra Pradesh

Decided on : Dec-12-2001

Subject : ArbitrationContract

Acts : 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

Reported in : 2002(2)ALD149; 2001(6)ALT706

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 … 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

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Jul 04 1951

Parmeshwari Das Mehra and Sons Vs. Firm Ram Chand Om Prakash and anr.

Court : Punjab and Haryana

Decided on : Jul-04-1951

Subject : ContractArbitration

Acts : Contract Act, 1872 - Sections 13 and 56

Reported in : 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 … The present applicants, a firm Messrs. Parmesh-war Das Mehra and Sons of Amritsar, had entered into separate individual contracts with the present seven respondents, who are firms or individuals of Amritsar trading in piece goods, by which

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Apr 17 2003

Oil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd.

Court : Supreme Court of India

Decided on : Apr-17-2003

Subject : ArbitrationContract

Acts : 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

Reported in : 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

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Aug 20 2001

The Owners and Parties Interested in the Vessel M.V. Baltic Confidence ...

Court : Supreme Court of India

Decided on : Aug-20-2001

Subject : ContractArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 45; Arbitration Act, 1950 - Sections 33; Arbitration (Amendment)Act, 1979

Reported in : 2001VIAD(SC)362; AIR2001SC3381; 2001(3)ARBLR96(SC); 2001(49)BLJR2359; JT2001(6)SC610; 2001(5)SCALE356; (2001)7SCC473

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 … 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

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