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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
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by special leave raises the question of survival of an arbitration clause in a contract after the said contract is superseded by a fresh one.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 &
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
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
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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Deviprasad 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
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
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
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
Tag this Judgment! AI Brief & AskRamji Dayawala and Sons (P) Ltd. Vs. Invest Import
Supreme Court of India
Oct-09-1980
ContractArbitration
Code of Civil Procedure (CPC) - Sections 34 and 151
AIR1981SC2085; (1981)1SCC80; [1981]1SCR899; MANU/SC/0502/1980
court trials impelled an alternative mode of resolution of disputes between the parties : arbitrate - don't litigate. Arbitration being a mode of resolution of disputes by a judge of the choice of the parties was considered … Davis, J. in Price v. Milner [1966] 1 W.L.R. 1235 these may be disastrous proceedings.2. A petty labour contractor in search of its labour charges in a paltry amount of Rs. 4,25,343.00 from a giant foreign engineering
Tag this Judgment! AI Brief & AskSmita Conductors Ltd. Vs. Euro Alloys Ltd.
Supreme Court of India
Aug-31-2001
ContractArbitration
Arbitration Act, 1940 - Sections 32, 33 and 34; Foreign Awards (Recognition & Enforcement) Act, 1961 - Sections 2, 3, 4, 7 and 7(1) - Schedule - Articles II and II(2); Constitution of India - Article 134-A; Arbitration (Protocol and Convention) Act, 1937; Interest Act, 1978
2001(3)ARBLR275(SC); JT2001(7)SC358; 2001(6)SCALE128; (2001)7SCC328; 2002(1)LC13(SC)
month from January to December 1991 was proposed by the respondent to the appellant on 31.8.1990 containing an arbitration clause. In the letter accompanying the contract, it was stated to sign and return copy for sake of … Rajendra Babu, J.1. A contract [bearing No. S-142] for supply of aluminum rods of 2400 metric tones @ 200 MT per shipment every
Tag this Judgment! AI Brief & AskPercept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.
Supreme Court of India
Mar-22-2006
ArbitrationContract
Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules
AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant … appeals were filed from the common final judgment and order dated 19.12.2003 passed in Appeal No. 1109/2003 in Arbitration Petition No. 514/2003 and Appeal No. 1110/2003 in Arbitration Petition No. 514/2003 by the Division Bench of the
Tag this Judgment! AI Brief & AskEacom's Controls (India) Limited Vs. Bailey Controls Company and Ors.
Delhi
May-06-1998
ContractArbitration
Indian Contract Act, 1872 - Secion 56
AIR1998Delhi365; 74(1998)DLT213; ILR1998Delhi392
and counterclaim. It also contended that the counter-claim and the set off were barred by limitation as the contract was terminated on December 15, 1988 whereas respondent No.1 had submitted its counter-claim to the Secretariat of the … is a petition whereby the petitioner, Eacom's Controls (India) Limited, seeks a declaration to the effect that the arbitration agreement dated May 14, 1982 between the petitioner and the respondent No. 1, Bailey Controls Company, stands frustrated
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