Court : Delhi
Reported in : 2003(2)ARBLR127(Delhi); 102(2003)DLT445; [2003]42SCL256(Delhi)
..... 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 an getting orders thereon, the appellants herein 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, but the application came to be rejected by the learned judge in the high ..... any such direction by this court could be misconstrued and have an adverse effect on the financial institutions.having regard to all the circumstances, it is a fit case in which the petition should be adjourned sine die, as it is, with liberty to the german company to seek its revival, and to the company to seek its dismissal, on the outcome of the proceedings in arbitration between the parties. ..... ':the hon'ble supreme court was of the unequivocal view that the power of ordering winding-up, being strictly a statutory power, could not be exercised by an arbitrator whose source of power emanates from the contractual agreement of the parties concerned. ..... it has been further pleaded that payment of certain cheques in favor of the respondent had been stopped by the petitioner thus raising disputes between the parties. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1156; (1984)3CompLJ110(SC); 1984(2)SCALE321; (1984)4SCC679; [1985]1SCR432
..... arbitration act 1940 that a court acting under section 34 is a court of limited jurisdiction performing a limited function and that a petition under section 33 (which raises issues regarding the existence, validity or effect of an arbitration agreement) cannot be stayed by invoking section 34 of that act, unless, there be a fresh arbitration agreement to refer those very issues in regard to the previous arbitration agreement and, therefore, it should similarly be held that section 3 of the foreign awards act, (which is similar to section 34 of the arbitration act ..... own facts and special circumstances on the basis of which this court held that the ..... of payment of the purchase price evidenced by the promissory notes and certain decisions in that behalf were recorded in a memorandum dated december ..... court held that the conferral of such power on the arbitrators does not render the rules void but has further gone on to hold that if such a plea is raised by way of a defence in an application for stay of suit under section 34 of the arbitration act it will be for the court to consider the validity of the arbitration agreement itself and if in the opinion of the court the contract which contains the arbitration clause is valid no question is likely to arise before the ..... remove plaintiff's furniture and effects from london to their store in marlow and there safely to keep and take care of them, but, according to the plaintiff, the defendants had, in breach of the contract, removed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom105
..... (2) if the appointment is not made within fifteen clear days after service of the said notice, the court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties.'5. ..... govinda choudhury, that the court proceeded on the basis that there was an implied consent amongst both the parties that the concerned chief engineer would make the section out of the two groups referred to in the arbitration clause add, therfore, the agreement came within the ambit of s. ..... 17 of the report that if it were to be held that the power of the secretary was exhausted after the appointment of sri desai and the second appointment of sri desai and the second appointment of sri iyer could not be made, still there appeared to be no impediment to arbitration because the court in the circumstances can make an appointment of the arbitrator under s. ..... their lordships observed that this part of the section, no doubt, contemplates two parties, but the section cannot be read as not being applicable where the agreement provides for the nomination of the committee by one of the parties, for the section, itself, says that any party may serve the other parties. .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR67
..... the old nagpur university act of 1963 conferred these powers on the 'court' as it was called and under section 18 of the said act subject to such conditions as were prescribed under the said act, the court had power to exercise the powers laying down scales of pay and conditions of the employment of the members of the teaching and non-teaching staff in affiliated colleges and recognised institutions and to ensure the observance thereof through the executive council. ..... to prevent such effacement or obliteration of the earlier statute or for that matter even subordinate legislation under the earlier statute, inspite of its repeal with the purpose of keeping certain rights intact which were acquired or accrued under the repealed enactment, generally a fresh legislation accompanies the repeal and permits continuation or institution of any legal proceeding or recourse to legal remedies which may have been available under the repealed enactment.25. ..... (2) any confirmed employee who is dismissed, removed or reduced in rank shall be entitled to appeal to a tribunal of arbitration consisting of the one member nominated by the management, one member nominated by the employee concerned and an umpire appointed by the executive council. ..... ' the committee was also of the view that there being no extenuating circumstances which would compel the committee to recommend lesser punishment, the termination of his services was recommended. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR540
..... he submitted that though section 85(1) of the arbitration act, 1996 expressly repeals the arbitration act, 1940, sub-section (2) saves the arbitration act, 1940 to a certain extent. ..... in my view sub-section (2) of section 85 of the arbitration act, 1996 is only a transitory provision and merely because the pending arbitration proceedings are saved from the application of the arbitration act, 1996, it cannot be said that the arbitration act, 1940 does not repeal by the arbitration act, 1996.19. ..... he further submitted that the observations made in paras 7 and 1.0 of the judgment of the division bench that an application under section 34 of the arbitration act, 1996 would attract court fee under article 1 of schedule-i to the bombay court fees act were not the ratio decidendi but were in the nature of obiter dicta.7. ..... it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of authority. ..... in such circumstances, although point b was logically involved in the facts and although the case had a specific outcome, the decision is not an authority on point b. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All353
..... '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 takenthe place of the second ..... as a court of original jurisdiction has, and reading section 107 along with section 8, general clauses act, an appellate court can exercise the power conferred upon a court of original jurisdiction by section 21, arbitration act; and that in so far as an execution court is concerned, section 141, civil p. ..... ' this section was repealed by section 1 of act 23 of 1861, but section 37 of that act provided that:'unless when otherwise provided, the appellate court shall have the same powers in cases of appeals which are vested in the courts of original jurisdiction in respect to original ..... mudaliar' air 1945 mad 294 (z7) in which it was held that there was nothing in the proviso to section 47 which precluded the antecedent consent of the parties to the award as given in the agreement of reference.the only case of this court in which a reference to section 47, arbitration act was made is the full bench case in -- 'dular koeri v. ..... the oudh case an execution proceeding for the delivery of possession over certain property was referred to arbitration on 16-7-1940, that is, after the commencement of the arbitration act. ..... are four connected appeals and arise in the following circumstances. .....
Tag this Judgment!Court : Delhi
Reported in : 2002(61)DRJ573
..... repealing the arbitration act, 1940 and other relevant provisions, section 85 of the arbitration and conciliation act, 1996 provides as under:repeal and saving - (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed. ..... supreme court had gone into the scope of section 85 read with section 21 of the arbitration and conciliation act, 1996 ..... supreme court, in the cited case, was concerned with number of appeals but in the matter where the demand had been made for the appointment of the arbitrator before coming into force of the arbitration and conciliation act, 1996 ..... was filed on 24.8.95, invoking the jurisdiction of the court under sections 8 and 20 of the 1940 act. ..... the provisions of the indian limitation act, 1908 (9 of 1908), shall apply to arbitration as they apply to proceedings in court. ..... attention of the court had been drawn towards the agreement between the parties pertaining to the arbitration and the same is being reproduced below for the sake of ..... this part of the agreement will not come in the way of the court in proceeding or in other words to conclude that in fact the arbitral proceedings commenced on the arbitrator having issued the notice. ..... the supreme court had answered:...we are, thereforee, of the opinion that it would be the provisions of the old act that would apply to the enforcement of the award in the case of civil .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4343
..... section reads as follows:'repeal and savings - (1) the arbitration (protocol and convention) act, 1937 (6 of 1937), the arbitration act, 1940 (10 of 1940) and the foreign awards (recognition and enforcement) act, 1961 (45 of 1961) are hereby repealed ..... iv, mainly on two grounds:-i) that the arbitration proceedings has not commenced under the old act, 1940, which is repealed under the new act, the provision of the old act cannot be applied to the case on hand;ii) subsequent to the agreement dated 1.8.1995, another agreement dated 22.1.1997 has come into existence between the ..... in respect to existence or validity of arbitration agreement have to be considered by the arbitrator in the light of the pleadings and materials that may be placed by the parties on record and the attendant circumstances. ..... india, : air1999sc3923 the hon'ble supreme court, while considering section 85 of the new act has held that the new act would be applicable in relation to arbitral proceedings, which commenced on or after the new act comes into force.15. ..... section 7 of the new act defines an 'arbitration agreement' to mean an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of the defined legal relationship, ..... the agreements together gives an impression that the subsequent agreement is supplementary in nature and it has been entered into between the parties in exercise of power vested in clause 34 of the previous agreement.19. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP14
..... it was noticed that before the arbitration act of 1940 the law was well settled that the court has no power under section 5 of the limitation act to extent time prescribed under art. ..... baldeosing, air 1957 nag 57 wherein it is held that section 5 of the limitation act does not apply to the proceedings under arbitration act 1940 and therefore it cannot be invoked in extending time for filing application to set aside the award. ..... 37 of the arbitration act has made a reference to the provisions of the limitation act, 1908 and when 1908 act has been substituted by 1963 act by repeal the new provisions of 1963 act are applicable.9. ..... the learned government pleader contended that section 5 of the limitation act 1963 is applicable in the circumstances as section 5 is wide in its sweep and by its own force applies and the court has jurisdiction to extend the time in its discretion. ..... the fetters under the old provision are removed and the new provision has full sway over all proceedings except one under order 21, c. p. c. ..... the arbitrator made and signed the award dated 31-3-1979 allowing certain claims in favour of the 1st respondent. .....
Tag this Judgment!Court : Delhi
Reported in : 72(1998)DLT541
..... it was stated by him that under the arbitration act, 1940 such a provision was there in section 8 wherein the power was given to the court but no such provision exists in the act and in the absence of any such provision, it is not within the competence of this court to revoke the authority of the appointed arbitrator and to appoint a new arbitrator in his place. ..... after the repeal of the arbitration act, 1940, the above said ground, as already explained, is no longer available to the ..... the statute itself, as is evident from the wordings of section 11, no time-limit is specified as has been done in section 8 of the arbitration act, 1940 for appointing an arbitrator. ..... case law, relied upon by the learned counsel for the petitioner, also in no way helps the case of the petitioner because the same relates to the interpretation of the provisions of section 8 and section 20 of the arbitrates act, 1940 which stands repealed with the coming into force pf the act and in the present act no such analogous provision exists. ..... where the matters referred to in sub-sections (4), (5), (6), (7), (h) and (10) arise in any other arbitration, the reference to 'chief justice' in those sub-sections shall be construed as a reference to the 'chief justice of the high court within whose local limits the principal civil court referred to in clause (e) of sub-section (1) of section 2 is situate and, where the high court itself is the court referred to in that clause, to the chief justice of that high court.6. .....
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