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May 05 2008

Satinderpal Singh Anand Vs. Sharanpal Balmukund Chopra

Court : Mumbai

Decided on : May-05-2008

Subject : ArbitrationProperty

Acts : Arbitration Act, 1940 - Sections 20, 30, 33 and 41; Code of Civil Procedure (CPC) - Order 22, Rules 2, 3, 4 and 9 - Order 39, Rule 11

Reported in : 2008(4)ALLMR239; 2008(5)BomCR179; (2008)110BOMLR1859; 2008(6)MhLj86

to sell to M./s. Emkay Construction Co., 3300 sq. yards which was demarcated from the rest of the property by a red boundary line in the plan annexed to the Agreement. A compound wall was thereafter constructed … (also called hereinafter for reference 'Anand's) has preferred this Appeal No. 583/2003 against the impugned order passed in Arbitration Petition No. 155/2002 in Award No. 2 of 2002. The original respondent (called hereinafter for reference Chopra's) has

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Nov 08 1966

Sardool Singh Vs. Hari Singh and ors.

Court : Punjab and Haryana

Decided on : Nov-08-1966

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 16, 17 and 32; Registration Act

Reported in : AIR1968P& H204

view of the con-flict of opinion in the various High Courts on the question-'Whether an award affecting immovable property of the value of or above Rs. 100 requires registration before it can be made a rule of … not a sine qua non for the award being made a rule of the Court under the 1940 Arbitration Act, A contrary view has been taken by a Division Bench of the Andhra Pradesh High Court in

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Mar 29 1972

P. Narayanan Nair Vs. E. Achuthan Nair and anr.

Court : Kerala

Decided on : Mar-29-1972

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 2 and 32; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1974Ker51

is as to the boundary between these two properties. The plaintiff sued for specification and demarcation of the property comprised in the plaint schedule in accordance with the terms of an agreement reached between the plaintiff and … without costs. It is said that though the mediators mentioned in Ext A3 attempted to settle matters by arbitration they were not successful due to the non-co-operation of the first defendant and also to some extent by

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Jul 25 1968

Debendra Nath Singha and ors. Vs. Dwijendra Nath Singha and ors.

Court : Kolkata

Decided on : Jul-25-1968

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Section 41

Reported in : AIR1970Cal255

or sale of any goods, the subject-matter of the reference, or for the detention or preservation of any property or thing concerned in the reference of appointing a receiver; and of granting an interim injunction. Quite apart … an application for the appointment of a Receiver and for injunction. This application has been made under the Arbitration Act in the matter of an arbitration agreement between the parties.2. The parties to the dispute are brothers,

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Oct 31 2001

Smt. Kalpana Kothari Vs. Smt. Sudha Yadav and ors.

Court : Supreme Court of India

Decided on : Oct-31-2001

Subject : PropertyArbitration

Acts : Partnership Act - Sections 44; Arbitration Act, 1940 - Sections 8, 20 and 34; Code of Civil Procedure (CPC), 1908 - Order 40, Rule 1; Arbitration and Conciliation Act, 1996 - Sections 8, 8(1) and 8(3)

Reported in : AIR2002SC404; 2002(1)ALT30(SC); 2001(3)ARBLR487(SC); 2002(1)AWC115(SC); 2002(50)BLJR971; JT2001(9)SC337; 2001(7)SCALE560; (2002)1SCC203

to the share of the son Shri Vijay Krishna Yadav. Thereafter, he made a national division of the property into three shares measuring 1184 sq. metes, 1587 sq. meters and 1707 sq. meters in favour of himself, … M/s Parasnath Builders Pvt. Ltd. as well as Smt. Kalpana Kothari filed applications under Section 34 of the Arbitration Act, 1940, in the Trial Court, relying upon the arbitration clauses contained in the Partnership Deed dated 31.1.87

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Jul 16 2007

India Trade Promotion Organisation Vs. International Amusement Limited

Court : Delhi

Decided on : Jul-16-2007

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940; Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 3, 5, 7, 9 and 15; Arbitration and Conciliation Act, 1996 - Sections 2, 2(3), 5, 8, 9, 11, 11(6), 16, 17 and 40; Delhi Rent Control Act, 1958 - Sections 14; Partnership Act, 1932 - Sections 69; Public Premises Act, 1958; Companies Act; Special Court Act - Sections 9A; Easements Act, 1882 - Sections 60; Transfer of Property Act - Sections 108; Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 22, Rule 10; Constitution of India - Articles 136, 226 and 227

Reported in : 142(2007)DLT342

lease of the Lesser, the sub-tenant/licensee cannot object to and/or claim any right to use and occupy the property. Rights of IAL flow from the right of ITPO and are not superior to the right of ITPO. … in this contract or then and in every such case the matter under dispute shall be decided through arbitration by an arbitrator appointed by the Chairman, Trade Fair Authority of India (the venue of arbitration being New

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Mar 15 2001

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court : Kolkata

Decided on : Mar-15-2001

Subject : PropertyArbitration

Acts : Indian Arbitration Act, 1940 - Sections 17, 30, 33, 34, 36, 39 and 41; ;Indian Succession Act, 1925 - Sections 211, 211(1), 213, 213(1), 299, 305, 307 and 307(1); ;Indian Succession Act, 1865 - Section 187; ;Evidence Act, 1872 - Sections 92 and 118; ;Indian Contract Act - Section 23; ;Probate Act - Section 187; ;Limitation Act, 1963 - Section 16; ;Limitation Act, 1908 - Section 17 and 17(1)

Reported in : AIR2001Cal122,(2001)3CALLT218(HC)

the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such.' '307(1)--Subject to the provisions of Sub-section (2) an executor … firms and private limited companies and were also having a charitable trust, particulars whereof would appear from the arbitration agreement dated 14-7-1983. Dungarmal Bachumal Futnani died on 1-4-1983. The respondent No. 1 claims to have ascertained from

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Oct 09 1980

Chandrakant Maganlal Patel and anr. Vs. Ishwarlal Ghelabhai Choksey an ...

Court : Mumbai

Decided on : Oct-09-1980

Subject : PropertyArbitration

Acts : Registration Act, 1908 - Sections 17(1) and 17(2); Rgistration (Amendment) Act, 1929; Arbitration Act, 1940 - Sections 16(2) and 25

Reported in : AIR1981Bom248; 1981MhLJ552

plaintiffs had filed a suit being suit No. 825 of 1967 against 15 defendants in respect of certain property. On 24-10-1969, the parties to the suit filed consent terms agreeing to refer to the arbitration of Advocate

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Jul 01 1975

Karichori Raman Nair Vs. Kodoth Krishnan Nair and anr.

Court : Kerala

Decided on : Jul-01-1975

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 32 and 33; Transfer of Property Act, 1882 - Sections 40

Reported in : AIR1976Ker22

P. W. 3 passed his award Ext. A-1 dividing the properties among the sharers and allotting the suit property, among other items, to the first defendant. The parties have accepted the partition and have taken their shares … A-1. Exhibit A-1 which has been registered but has not been filed in Court as required by the Arbitration Act, provides in paragraph 8 for a right of pre-emption in the following terms :'Every sharer will have

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Jul 14 1969

Lalchand Vs. Mahabir Prasad and anr.

Court : Rajasthan

Decided on : Jul-14-1969

Subject : PropertyArbitration

Acts : Arbitration Act, 1940 - Sections 31

Reported in : AIR1970Raj236; 1969()WLN413

M. P. Sharma will pay to Shri L. C. Chhajar the sum of Rs. 1926/- onpossession of the property mentioned in (1) above. 3. Shri L. C. Chhajar will be entitled to the ownership of 160 acres … District Judge, Bundi, holding that he has no jurisdiction to entertain an application under Section 14 of the Arbitration Act in respect of the award which was filed before him.2. Lalchand and Mahabir Prasad entered into a

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