Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 11 power to court to remove arbitrators or unpire in certain circumstances Court: chennai Page 1 of about 1 results (0.108 seconds)

Binny Limited Vs. the Controller of Stores and Purchase, Karnataka Sta ...

Court : Chennai

Reported in : (1988)2MLJ464

..... union of india : air1974ap278 while dealing with section 34 of the arbitration act relating to stay of suit, the andhra pradesh high court has stated that this section does not at all require any such specific averment and what is required is that the court should be satisfied that the applicant was ready and willing to proceed to arbitration at the commencement of the proceeding as also at the time of ..... clause 16 of the agreement will not come into play and the application also is not maintainable since the applicant/second defendant had already taken steps in the proceedings within the meaning of section 34 of the arbitration act and cannot therefore file the petition, and in any event the ingredients of section 34 of the arbitration act not having been complied with, particularly in the absence of averments that the second defendant is ready and willing to refer ..... the learned viii additional judge, city civil court, madras, after considering the contentions on either side allowed the application filed by the second defendant under section 34 of the arbitration act for stay of further proceedings in the ..... having regard to such circumstances it was held that inspite of the fact that formal agreement was signed at a later date, the parties themselves bound by the agreement from the date of ..... in that case are that tender had been accepted for the execution of certain work and work order had been given and the work order contained the terms of contract including the arbitration clause. .....

Tata Finance Ltd., Having Its Registered Office at Bombay House Vs. H. ...

Court : Chennai

Reported in : (1999)3MLJ551

..... in terms of section 8 of the general clauses act and by legal fiction as well the repealed arbitration act, 1940, and by the provisions of the arbitration and conciliation act, 1996, it is obvious that in the place of the arbitration act, 1940 the provisions of the arbitration and conciliation act, 1996 gets ..... . in the circumstances, the fair and decretal order passed by the court below are set aside and the parties are to proceed further and there will be an order ..... not the owners shall be responsible for any make good all damage caused to the land or buildings by such removal.clause 25 of the same hire purchase agreement provides for settlement of dispute by arbitration in respect of difference or disputes or claims arising out of the said agreement, clause 25 reads thus:25. ..... stipulations or the failure to pay the instalments by the respondent ipso facto enables the revision petitioner to exercise the power to repossess the vehicle and for such repossession, there is no requirement to go before any other authority much less before the arbitrator ..... dealer, and the financier obtains a hire-purchase agreement which gives him a licence to seize the goods in the event of failure by the customer to abide by the conditions of the hire-purchase agreement.13. the power to repossess was exercised by the revision petitioner in terms of clause 20 of the hire purchase agreement ..... the power of repossess the vehicle by hire purchase financier, in the present case owner of the vehicle is well .....

Kirloskar Computer Services Ltd. Vs. Lakshmi General Finance Ltd. and ...

Court : Chennai

Reported in : 2007(1)ARBLR156(Madras)

..... in terms of section 8 of the general clauses act and by legal fiction, as well as the repealed arbitration act, 1940, and by the provisions of the arbitration and conciliation act, 1996, it is obvious that in the place of the arbitration act, 1940 the provisions of the arbitration and conciliation act, 1996 gets attracted and it applies. ..... learned counsel for the petitioner, while reiterating the grounds made in the petition, raised a new plea that clause 33 of the lease agreement refers to indian arbitration act, 1940 only, and in such circumstances, the above lease agreement is not valid as the same was entered into after the new act came into force and consequently, the award was passed without jurisdiction and the same is liable to be set aside on this ground also. ..... with regard to the enforcement of clauses 24(e)(i) and 24(e)(ii) is concerned, the second respondent has rightly observed that clause 24(e)(i) gives power to the first respondent to retake and remove the equipment and clause 24(e)(ii) gives power to the first respondent to claim by way of liquidated damages, arrears of lease rentals and also rentals for the remaining unexpired period. ..... it is also not in dispute that no question was ever raised with regard to the jurisdiction of the tribunal before the arbitrator and in such circumstances the petitioner should not be permitted to make such desperate arguments for the first time in this court, that too, at the eleventh hour.36. ..... it: was certainly a right accrued. .....

Subramannaya Bhatta Vs. Devadas Nayak and ors.

Court : Chennai

Reported in : AIR1955Mad693; (1955)2MLJ625

..... 'the repeal of schedule 2 and its re-enactment in the arbitration act, therefore, does not make any difference so far as the powers of the appellate court under section 107 are concerned, because those powers will still refer to the provisions of the arbitration act which have taken the place of schedule 2."3. ..... it is also true that in the allahabad pull bench case referred to above, the view was taken that according to the definition of "the word "court" in section 2(c), arbitration act, it must mean court of original jurisdiction and cannot include an appeal or execution proceedings.that view appears to have been taken on the ground that for the purpose of chaps. ..... i, for myself, find no good ground for the legislature, while giving power to the court of original jurisdiction to make an order of reference under section 21, arbitration act, io exclude an appellate court from making such an order."6. ..... for these reasons, i am of the view that the definition of "court" in section 2(c), arbitration act includes an appellate court, and so, under section 21 an appellate court can refer disputes between litigants for the decision of arbitrators. ..... prior to the enactment of act; 10 of 1940, there was no difficulty, in holding that an appellate court had powers to refer the disputes between the parties to the appeal to arbitration under schedule 2, c. p. c. ..... but those provisions were repealed and re-enacted into a separate code by arbitration act 10 of 1940. .....

Kathoom Bivi Ammal Vs. S. Mohamad Alias Sheik Mohamad and ors.

Court : Chennai

Reported in : (1990)2MLJ42

..... the beneficial interest was not intended to be conveyed, the same result could be achieved by establishing attendant circumstances which would be consistent with the case that there was no intention to transfer the beneficial interest within the meaning of section 81 of the indian trusts act.in view of the fact that benami prohibition act came into force with effect from 19-5-1988 this decision will not render any help to the first respondent ..... the learned counsel for the 1st respondent further contended that in view of the fact that in the written statement filed by the first defendant there are certain allegations to the effect that the said transaction is sham and nominal, the 1st defendant must be given an opportunity to establish his case that the said transaction is ..... on the other hand, the learned counsel appearing for the first respondent contended that since the parties and the court below went on a wrong direction, the first defendant must be given an opportunity to establish his case that the transaction under exhibits b-4 and b-5 are only ..... referred to in paragraph 2 of the plaint are benami transactions have been unequivocally admitted by plaintiffs husband in his statements before the arbitrators and hence it is not open to the plaintiff to go behind the same. 14. ..... section 7(1) 'sections 81,82 and 94 of the indian trusts act, 1882 (2 of 1882) section 66, civil procedure code 1908 and section 281-a of the income-tax act, 1961 (43 of 1961) 61 are hereby repealed .....

V.Srinivasan Vs. Secretary to Tamil Nadu Generation and Distribution C ...

Court : Chennai

..... section 5 defined a criminal misconduct in the discharge of duties of a public servant, in certain circumstances ..... empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (v)any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court; (vi)any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority; (vii)any person who holds an office by virtue of which he is empowered to prepare, publish, ..... section 185 of the electricity act, 2003 specifically repealed the electricity (supply) act, 1948 as well as the provisions of the indian electricity act, 1910 and the electricity regulatory commission act ..... itself was vested with delegated powers of legislation, under section 79. ..... iii of the 1948 act, provided for the constitution and composition of state electricity boards and chapter iv defined the powers and duties of such ..... the electricity boards were conferred with powers of entry into any land or premises, for the purpose of using any transmission lines and for other ..... generation and supply of power, is such an important social function that even private companies generating wind energy and solar energy would become public servants, if the definition of the expression "public duty" is used to find out whether .....

R. Arulsigamani and anr. Vs. Pauldurai Alias Perumal

Court : Chennai

Reported in : 2003(3)ARBLR34(Madras); (2003)2MLJ404

..... appellate stage, after filing a written application for dismissal of the applications filed by the appellants under section 34 of the arbitration act, 1940, as not pressed in view of the repeal of the 1940 act and coming into force of the 1996 act and getting orders thereon, the appellants have once again moved the high court under section 8 of the act with a request for stay of proceedings before the high court as well as the trial court. ..... the defendants have initially filed applications in the suit before the trial court invoking the provisions contained in section 34 of the arbitration act, 1940 and not only the applications filed by the respondent before the trial court were rejected but the applications under section 34 of the arbitration act by the appellants came to be allowed and further proceedings in the suit filed by the respondent came to ..... of the entire plaint averments would reveal that the basis for the suit is that the respondent is acting against the interest of the partnership firm by entering to partnership with the 17th defendants and also inducting some other partners and obtained permit for removal of the minerals from the statutory defendants on behalf of the firm to which he is not authorised.18 ..... to the law as enunciated by the apex court and having regard to the petitioner facts and in the circumstances of the case, the petitioners, i am of the view, have not made out any case, which requires this court to interfere with the order of the trial court. .....

Hindustan Construction Co. Limited Vs. Tamil Nadu Electricity Board, R ...

Court : Chennai

Reported in : 2005(1)ARBLR41(Madras); 2004(4)CTC401; (2004)4MLJ260

..... power to court to remove an arbitrator or umpire in certain circumstances ..... section 19 gives power to the court to supersede the arbitration agreement in certain circumstances ..... power to court to appoint an arbitrator or umpire in certain circumstances ..... matter of indian arbitration act, 1940; and in the matter of arbitration in the disputes/claims arising out of and relating to the work of construction of access tunnel, cable shafts, water conducter system and power house cavern etc. ..... secretary to government, water and power department, trivandrum : air1990sc53 to the effect that section 11 of the civil procedure code is applicable to the cases arising under the arbitration act and as such contended that ..... aside the award under section 30 of the arbitration act and the arbitrators have filed a petition in o.p.no.715 of 1993 under section 14(2) of the arbitration act, 1940, seeking permission to file the award dated 29.3.1993 before the court. ..... with the views of the learned judge that the appellant is not entitled to claim interest, we do not propose to alter or interfere with the amount quantified by the arbitrators, since the appellant has not raised any specific ground with regard to the order of the learned judge in restricting the above claim excluding the interest thereof. ..... 1940, the law relating to arbitration was mainly contained in the second schedule to the code of civil procedure, which was repealed by the arbitration act of 1940, a self-contained code in the matter of arbitration .....

Techmo Car Spa Vs. the Madras Aluminium Company Ltd. Represented by It ...

Court : Chennai

Reported in : 2004(2)ARBLR284(Madras); IV(2004)BC101; [2005]123CompCas533(Mad); 2004(3)CTC754; [2004]54SCL100(Mad)

..... is true that the said arbitration act, 1940 stands repealed by the act of 1996 and the provisions contained in the code of civil procedure are not applicable to the proceedings under the act, still in my opinion, in the absence of guidelines how the power for grant of relief under section 9(ii)(b) is to be exercised by the court, the principles underlying the aforesaid sections are to be applied. ..... a perusal of section 9 would make it clear that it is neither similar to order 38 rule 5 nor section 18 of the arbitration act, 1940...18.....when section 9 of the arbitration and conciliation act, 1996 do not specifically require any averment in any particular form, as contemplated either under order 38 rule 5 ..... the petitioner has filed the above original petition under section 9 of the act before the district court, salem praying for(a) direction to respondent to furnish security; (b) an order of injunction restraining the respondent from removing any records, papers and documents from the petitioner's factory premises in mettur dam.there is no dispute that both parties, namely, the petitioner and the respondent entered into an agreement on 16-2-99 and followed by addendum dated ..... it is so satisfied the court will have the jurisdiction to pass orders under section 9 giving such interim protection as the facts and circumstances warrant. ..... per the terms of the said agreement, according to the petitioner, the respondent was required to achieve certain performance within the time prescribed. .....

Koduri Krishnamma Vs. Koduri Chennayya and anr.

Court : Chennai

Reported in : (1948)2MLJ365

..... section 17 of the arbitration act, 1940, says:where the court sees no cause to remit the award or any of the matters referred to arbitration for reconsideration or to set aside the award, the court shall, after the time for making an application, to set aside the award has expired, or such application having been made, after refusing it, proceed to pronounce judgment according to the award, and ..... the respondents that this is a matter in which a right of appeal is provided specifically by section 39 of the arbitration act, 1940. ..... see no basis in the language of either section 17 of the arbitration act or the corresponding provisions under the previous codes ..... the learned judges construed the prohibition that 'no appeal shall lie when the decree is passed in accordance with the award ' contained in that section as applicable only to a case where the decree was a legal decree and not a decree which was passed ignoring the rule prescribing the time for ..... in this passage, there was no consideration of the question whether the appeal was properly entertained in view of the language of section 325 of the code of 1859, where the language was that 'in every case in which judgment shall be given according to the award, ..... a decree passed on the basis of an award, but the award was signed by the arbitrators separately and the ten days time for filing objections was not granted. ..... section, word for word, is a reproduction of paragraph 16 of schedule ii of the civil procedure code, since repealed .....