Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 11 power to court to remove arbitrators or unpire in certain circumstances Page 1 of about 48 results (0.089 seconds)

S.N. Srikantia and Co. Vs. Union of India and anr.

Court : Mumbai

Reported in : AIR1967Bom347; (1966)68BOMLR586

..... question which has been raised in this notice of motion is as to whether the court under section 29 of the arbitration act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the award onwards till the p passing of the decree in terms of the award and this question undoubtedly depends upon true and proper construction of section 29, which occurs in chapter v containing general provisions applicable to all kinds of awards ..... contended that while enacting the arbitration act when the parliament thought of repealing the provisions of any other law it did so by enacting section 49 in the act and the said section read with 3rd and 4th schedules to the said act (before section 49 itself was repeated by act v of 1949) clearly indicated what statutes were repealed either wholly or partially and the interest act of 1839 was not ..... statement of objects and reasons can be referred to for the purpose of ascertaining the circumstances which led to the legislation in order to find out what was the mischief ..... is, therefore, hereby enacted that, upon all debts or sums certain payable at a certain time or otherwise, the court before which such debtors sums may be recovered may, if it shall thinkfit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain are payable, if such debts or sums be payable by virtue of some instrument at a certain time; or if payable otherwise, then from time when .....

The State of Bombay Vs. Adamjee Hajee Dawood and Co.

Court : Kolkata

Reported in : AIR1951Cal147

..... schedule 3 of the arbitration act, 1940, sets out the enactments which are expressly repealed. ..... that issue is as to whether the suit is maintainable in view of section 32, arbitration act, 1940. ..... apart from sections 32 & 33, arbitration act, there is no section in the act which can be said to repeal by implication section 9, civil p. c. ..... assume for a moment that sections 32 & 33, arbitration act, have repealed section 39, specific relief act. ..... therefore, it is quite clear that arbitration act does not expressly repeal either section 9, civil p. c. ..... it is however argued that such a suit is impliedly barred by section 32 & section 33, arbitration act, because it may be that the ground of attack on the arbitration clause could be used as a ground of attack on the whole contract. ..... construed the plaint as one for a declaration that the arbitration agreement contained in the contract is invalid & on that view he held in view of sections 32 & 33, arbitration act, that the suit was not maintainable. ..... however, the section was drafted giving the court power only to deal with the arbitration agreement or an award made thereafter.28. ..... states the circumstances under which, according to it, the alleged contract was entered into & claims a declaration that the contract is not binding on the plff. ..... it appears from the plaint, claims a declaration that a certain contract was not made between the parties & is not binding on it. ..... certain quantity of gunny bags. .....

John Batt and Co. (London), Ltd. Vs. Kanoolal and Co.

Court : Kolkata

Reported in : AIR1926Cal938,95Ind.Cas.21

..... neither the parties to the earlier submission nor their authorised agents in any further written agreement 'pursuant to the arbitration act' agreed to submit anew to arbitration their disputes in connection with the said contracts, and it was conceded that they did not in express terms agree in such manner or at all to cancel the earlier submission to arbitration; while in the circumstances of this case there is no room for the doctrine of estoppel to operate against the plaintiffs, nor was ..... 118, a divisional court of the king's bench division placed the same construction upon section 27 of the arbitration act, 1889, as i have placed upon the corresponding words in section 4 (b) of the arbitration act of 1899: see also in re lewis, ex parte munro (1876) 1 ..... any issue in that behalf raised; on the contrary, by defending the suit as framed the defendants are not now entitled to claim that the disputes in question should be settled otherwise than in a court of law (section 19 of the limitation act, 1908). ..... the 25th november 1919, the defendants bought from the plaintiffs certain textile goods, namely, 30 cases of hercules cloth. ..... this suit the plaintiffs pray that an order may be made, that the said award be removed from the file of this court. .....

Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Reported in : AIR1965All269

..... section 8, arbitration act, 1940, provides for the appointment of an arbitrator by the court under the diverse contingencies mentioned in that section. ..... learned senior standing counsel proceeded that the supreme court having held that article 181, limitation act, should be so construed as if the words 'under the code' actually occurred therein, and section 20, arbitration act, repealed and re-enacted paragraph 17 of the second schedule, sec ..... kunzru for the respondent countered this argument and urged that section 8, general clauses act, applies only when the enactment actually refers or cites the repealed enactment and, secondly, that in the arbitration act, which repealed and re-enacted the second schedule to the code, a different intention appears ..... the admitted position is that section 49, arbitration act, repealed the second schedule to the c. p. c ..... and on 11-7-1961 filed in court, an application under sections 8 and 20, arbitration act, praying that the arbitration agreement be directed to be filed in court, and that an arbitrator be appointed for giving an award.3 ..... the contention is that arbitration act, 1940 repeals and re-enacts the second schedule to the c. p. c. ..... the fourth schedule to the arbitration act shows that certain provisions of the religious endowments act, 1863, the specific relief act, 1877, the indian electricity act, 1910, and the indian companies act, 1913 were also amended. ..... under the circumstances, the parties shall bear their own casts of both the courts. .....

Sinclair Refining Co. Vs. Atkinson

Court : US Supreme Court

..... to the fact that express repeal of norris-laguardia provisions may be found in certain other sections of the taft-hartley act -- from which the court concludes "not only that congress was completely familiar with those provisions, but also that it regarded an express declaration of inapplicability as the normal and proper manner of repealing them in situations where such repeal seemed desirable. ..... of the complaint with regard to the nine occurrences in question are as follows: "(a) on or about july 1, 1957, six employees assigned to the #810 crude still stopped work in support of an asserted grievance involving the removal of shift machinists from the #810 still area;" "(b) on or about september 17, 1957, all employees employed in the mason department refused to work on any shift during the entire day; the entire mechanical department refused to ..... courts to issue such an order against a challenge based upon the norris-laguardia act, the court pointed out that the equitable relief granted in that case -- a mandatory injunction to carry out an agreement to arbitrate -- did not enjoin any one of the kinds of conduct which the specific prohibitions of the norris-laguardia act withdrew from the injunctive powers of united states courts. ..... industrial and labor policy in view of their understanding as to the prevailing circumstances of contemporary labor-management relations than upon what is a correct judicial interpretation of the language of the act as it was written by congress. .....

Societe De Traction Et D'electricite Societe Anonyme Vs. Kamani Engine ...

Court : Supreme Court of India

Reported in : AIR1964SC558; (1964)66BOMLR392; [1963]33CompCas869(SC); [1964]3SCR116

..... (1) and (3) of the indian companies act 1 of 1956, (before that section was repealed in 1960) an indian company may agree to refer differences between itself and any other company or person by written agreement in accordance with the arbitration act, 1940 and the provisions of the arbitration act, 1940 apply to all arbitrations in pursuance of the companies act to which a company is a party. ..... 389 refer an existing or future dispute between itself and any other company or person to arbitration only in accordance with the arbitration act, 1940 and not otherwise; that any arbitration agreement which obliged the company to submit itself to arbitration according to a scheme of arbitration different from the arbitration act, 1940 would not be binding upon the indian company, and therefore the court had no power to enforce compliance with an invalid convenant, and to stay the suit instituted by an indian company in breach thereof. ..... under the arbitration act, 1899 read with the companies act, 1913, the power of a company to refer differences to arbitration fell to be determined in certain cases which arose, before the high courts of lahore, calcutta and madras. ..... this is followed by a general rule which states that in circumstances not specifically provided for, the court of arbitration and the arbitrator shall act on the basis of the rules and make their best efforts for the award to be enforceable at law. 6. ..... , removed by the representatives of the traction. 4. .....

M/S Shahi and Associates Vs. State of u.p. .

Court : Supreme Court of India

..... 5 since the arbitration act, 1940, has been repealed under section 85 of the act of 1996, the schedule to arbitration act, 1940 also stands repealed and para 7 a has become ..... arbitration act, 1940 has been repealed by way of section 85 of the act of 1996, the schedule to the arbitration act, including the state amendment, also stands repealed. ..... section 85 of the act of 1996 expressly repeals the provisions of the arbitration act, 1940 ..... exception is provided in sub section (2)(a) of section 85 where a proceeding which had commenced when the arbitration act of 1940 was in force and continued even after coming into force of the act of 1996, and all parties thereto agreed for application of the old act of 1940. ..... , the provisions of arbitration act, 1940 including the state amendment namely para 7 a of section 24 8 of ..... learned counsel for the appellant submits that the arbitration proceedings were commenced on 27.10.1999 under the act of 1996 and the provisions of arbitration act, 1940 will have no application to the proceedings between ..... since the rate of interest granted by the arbitrator is in accordance with section 31(7)(b) of the act of 1996, the high court and the district judge were not justified in reducing the rate of interest by following the ..... owing to certain disputes that arose between the parties with respect to the rate of payment for additional work under the agreement, the appellant served a notice invoking arbitration on the respondents and filed the claim petition on .....

United India Insurance Co. Ltd. Vs. Shivalik Agro Chemical

Court : Punjab and Haryana

Reported in : (1996)114PLR268

..... under its section 85(1) arbitration act, 1940, stands repealed, but its sub-clause (2) (a) provides that' the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this ordinance came into force unless otherwise agreed by the parties but this ordinance shall apply in relation to arbitral proceedings which commenced on or after this ordinance comes into force. ..... no doubt, arbitration act, 1940, is repealed by ordinance no. ..... by repealing the arbitration act, 1940, by the said ordinance, this vested right of the defendant appellant cannot be taken away. ..... so far as the preliminary objection is concerned, the defendant-appellant filed this appeal against the impugned order and prayed for granting stay of further proceedings pending in the trial court, but vide order dated october 13, 1993, this court instead of granting stay observed that if in the meantime written statement is filed, it shall be without prejudice to the rights of the appellant. ..... under these circumstances, the defendant-appellant participated in the proceedings, not only filed written statement but also cross-examined plaintiff's witnesses and examined its own witness. ..... under those compelling circumstances, it had to take part in the proceedings, but according to the learned counsel, this cannot affect defendant's rights to pursue its remedy which is available to it under section 34 of the act.5. .....

M/s Larsen Air Conditioning And Refrigeration Company Vs. Union Of Ind ...

Court : Supreme Court of India

..... since the arbitration act, 1940 has been repealed by way of section 85 of the 1996 act, the schedule to the arbitration act, including the state amendment, also stands repealed. ..... the only exception is provided in sub-section (2)(a) of section 85 where a proceeding which had commenced when the arbitration act of 1940 was in force and continued even after coming into force of the 1996 act, and all parties thereto agreed for application of the old act of 1940. ..... the 1996 act was enacted based on the uncitral model law on international commercial arbitration, 1985 which, as has been pointed out in redfern and hunter on international arbitration, makes it clear that, given the limited judicial interference on extremely limited grounds not dealing with the merits of an award, the limited remedy under section 34 is coterminous with the limited right , namely, either to set aside an award or remand the matter under the circumstances mentioned in section 34 of the arbitration act, 1996 ..... the judgment in municipal corporation of greater mumbai (supra) no doubt discusses the inherent powers of the high court as a superior court of record, but relates specifically to the jurisdiction to recall its own orders, and offers little assistance in the present dispute.15. ..... in the course of work, certain disputes arose. .....

Birla Jute Manufacturing Co. Ltd. Vs. Dulichand Pratapmull

Court : Kolkata

Reported in : AIR1953Cal450,57CWN756

..... validity of a contract cannot therefore be held to be within an arbitration agreement contained in the contract itself and such a dispute cannot be referred to arbitrators or dealt with by them under such an agreement on the basis that it is, to adopt the language of section 34, arbitration act, a 'matter agreed to be referred'. 16. ..... in those circumstances, it appears to me, as at present advised, that no useful purpose can be served by the court pro-ceeding to decide on the application under section 34 whether there is a valid arbitration agreement and necessarily, except where the alleged invalidity of the contract cannot affect the agreement, whether there ..... it was however also said that when it was patent that the objection to the validity of the contract was not genuine and raised in good faith but only a device to avoid arbitration, the court would act properly in exercising its discretion in favour of deciding the issue on the application by way of deciding the validity of the agreement and if the decision went against the plaintiff, he would have ..... darwins ltd', (a)' but those observations were certainly influenced by the view of the learned lord that even a dispute as to whether there was anycontract at all could be submitted to arbitration and that by an agreement contained in the ..... in exercise of the powers conferred by section 14, read with section 6 (1) of the ordinance, the state government prescribed a form for offers of baled jute which contained at the top a space .....