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News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.

Court : Andhra Pradesh

Reported in : 2009(4)ALT657

..... in the absence of any such power under the provisions of the act, the authority under section 11(6) of 1996 act cannot decide the validity of the agreement, and therefore, all contentions must be left to be decided by the arbitrator under section 16 of 1996 act.5. ..... reading section 33 of 1940 act and section 16(1) of the 1996 act and other provisions, it is not possible to accept the submission of respondents that the chief justice or his nominee can decide the validity of agreement under section 11(6) of 1996 act.10. ..... a perusal of paragraphs 13, 14 and 15 to which the attention of this court has been drawn would show that the disability by virtue of section 33 of 1940 act, on the part of the arbitrator has been removed by section 16 of 1996 act, but when a question is raised that there is no arbitration clause at all, the jurisdiction of the chief justice is not excluded by section 16 of the 1996 act. ..... it is well settled that any decision of supreme court interpreting the law, which has been repealed by the new enactment cannot be treated as declaration of law with reference to new act unless and until the repealing act contains explicitly and impliedly a similar provision in repealed act. ..... the law declared by supreme court in these two leading authorities was with reference to the provisions of the arbitration act, 1940 (1940 act, for brevity). .....

Shri Shankaranarayana Construction Company Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR2008MP5; 2008(1)ARBLR296(MP); 2007(4)MPHT444; 2008(1)MPLJ78; AIR2008MP5; 2008(1)AIRKarR319(FB); 2008AIHC390(MP)(FB

..... he submitted that sub-section (4) of section 2 of the 1996 act is pari materia with section 46 of the arbitration act, 1940, and it will be clear from the marginal title of section 46 of the arbitration act, 1940 that the provisions relate to statutory arbitrations and not to arbitration pursuant to an arbitration agreement. ..... hence, the provisions of the 1983 adhiniyam are not repugnant to the provisions of the 1996 act and are not void and do not stand impliedly repealed by the 1996 act.the application made under section 11(6) of the 1996 act is therefore not maintainable and the writ petition has no merit. ..... he submitted that parliament has thus made the 1996 act covering the entire field of domestic arbitration and therefore the 1983 adhiniyam in the same field of arbitration is repugnant to the 1996 act and void and stands impliedly repealed and the 1996 act will prevail overthe 1983 adhiniyam.6. mr. ..... naganand:it is true, as already pointed out, that on a question under article 254(1) whether an act of parliament prevails against a law of the state, no question of repeal arises; but the principle on which the rule of implied repeal rests, namely, that if the subject matter of the later legislation is identical with that of the earlier, so that they cannot both stand together, then the earlier is repealed by the later enactment, will be equally applicable to a question under article 254(2) whether the further .....

Mohan Agrawal Construction Company Vs. Union of India

Court : Madhya Pradesh

..... was competent to make the 1996 act in the same field, but while making the 1996 act, has expressly saved the provisions of the 1983 adhiniyam in sub sections (4) and (5) of section 2 of the 1996 act, both in respect of statutory arbitrations and arbitrations pursuant to arbitration agreements in respect of disputes arising out of works contracts between the 2 state government or a state government undertaking and the contractor from the provisions of part i of the 1996 act which are inconsistent with the provisions of the 1983 adhiniyam. ..... in our considered opinion, therefore, the state legislature was competent to make a law in respect of 'arbitration' in entry 13 of the concurrent list, even though the arbitration act, 1940 made by the central legislature was already in the same field because the 1983 adhiniyam had been reserved for consideration and had received the assent of the president, as provided in clause (2) of article ..... the state of tamil nadu and others (air 1973 sc 974).10...............it was, therefore, open to those affected by the provisions of chapter iv a to have agitated before this court the question which is being raised now based on the guarantee ..... provisions of the 1983 adhiniyam are not repugnant to the provisions of the 1996 act and are not void and do not stand impliedly repealed by the 1996 act ..... of present petition seeks relief that madhya pradesh madhyastham adhikaran adhiniyam, 1983 be declared as ultra vires to arbitration and conciliation act, 1996. .....

Radhey Shyam Associates (Engineers and Contractors) Through Its Partne ...

Court : Mumbai

Reported in : 2008(3)ARBLR216(Bom); 2008(4)BomCR865; 2008(3)MhLj926

..... for consideration is whether two situations namely:(i) the text of clause 55 which states that the 'arbitration shall be conducted in accordance with the provisions of arbitration act, 1940, or any specific modifications therein' is by themselves sufficient to govern the arbitration which was commenced during the indian arbitration act, 1940, under the provisions of the arbitration and conciliation act, 1996, and;(ii) notice by arbitrator informing the parties about his intention to conduct the arbitration as per provisions of the arbitration and conciliation act, 1996 would transform the status of proceedings to be under new ..... it is a common ground and there is no express agreement between the parties to continue arbitration already commenced when act of 1940 was governing the field as an arbitration under the provisions of act of 1996. ..... it is also not in dispute that in the absence of any agreement to the contrary that notwithstanding the repeal of the act of 1940, the provisions of old act shall apply in relation to the proceedings which were commenced before the act of 1996. ..... the entire thrust of reliance is on (i) failure to object the notice of arbitrator, and (ii) implied application of new act by virtue of clause 55 of the arbitration clause.10. ..... it is clear that section 85 provides that the arbitration already commenced to be governed by the old law and notifications made thereunder.8. .....

Narendrakumar Khandelwal and ors. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Reported in : (2003)180CTR(MP)553; [2003]259ITR593(MP)

..... , has held as under (page 342) :'the view taken by the high court is not consistent with what has been stated by the supreme court in the two decisions aforesaid and the principle underlying section 6 of the general clauses act as saving the right to initiate proceedings for liabilities incurred during the currency of the act will not apply to omission of a provision in an act but only to repeal, omission being different from repeal as held in the aforesaid decisions. ..... the applicants have submitted before the court that there was no valid sanction as per the provisions under section 279 of the act because the authority was not apprised of the fact that the tax deducted at source deposits or form ..... supreme court has answered this, holding that, section 6 of the general qauses act will not apply to omission of any provision in the act but will apply only to repeal. ..... contention of counsel for the applicants is that prior to april 1, 1989, the provision under section 276b of the act, prescribing that if a person fails to deduct or after deducting fails to pay any advance as required by or under the provisions of sub-section (9) of section 80e of chapter xvii-b, was punishable. ..... of the income-tax department, arguments were advanced before the supreme court that in view of the provision of section 6 of the general clauses act, pending proceedings will be saved in the absence of any specific provision in the amended act, since the amended act is silent about retrospective applicability. .....

Union of India Vs. Chhabhaiya and Co. and ors.,

Court : Madhya Pradesh

Reported in : [2002]253ITR201(MP)

..... union of india, air 2000 sc 811, held (page 821) :'the position is well-known that at common law, the normal effect of repealing a statute or deleting a provision is to obliterate it from the statute book as completely as if it had never been passed, and the statute must be considered as a law that never existed ..... in all the three cases the punishing provision section 276dd was not on the book of the statute when the impugned judgments were passed ..... the prosecution of the present accused-respondents was also, therefore, bad in law after the coming into force of the amendment act, 1987, and the judgment of acquittal recorded by the trial court deserves to be maintained on that short ground alone.6. ..... to this rule, an exception is engrafted by the provisions of section 6(1). ..... savings of the nature contained in section 6 or in special acts may modify the position. ..... 36 of 1988, 39 of 1988 and 95 of 1990, acquitting accused-respondents of the charges under sections 276dd and 278dd read with section 269ss of the income-tax act, 1961 (for short, 'the act').2. ..... the punishing section 276dd was omitted by the amendment act of 1987 with effect from april 1, 1989 ..... the judgments impugned in these appeals filed under section 378 of the code of criminal procedure, 1973, are rendered by the additional chief judicial magistrate (economic offence), indore, in criminal cases nos ..... union of india : [2001]249itr328(mp) ) decided on february 14, 2001, quashed the conviction recorded under section 276e of the act. .....

New India Assurance Co. Ltd. Vs. Smt. Savitri Parag and ors.

Court : Madhya Pradesh

Reported in : 2001(5)MPHT394

..... the sum assured payable thereunder as if he was the judgment-debtor, in respect of the liability, (emphasis supplied) sub-section (2) of section 96 enjoins that notice of the proceedings in which the judgment is given has to be given to the insurer ..... holding or obtaining a driving licence during the period of disqualification; or in view of sub-section (1) of section 96 if after the certificate of insurance has been issued in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy, the insurer shall subject to the provisions of the said section, pay to the person entitled to the benefit of the decree any sum not exceeding ..... the insured had done everything within his power inasmuch as he had engaged the licensed driver and has placed the vehicle in his charge with the express or implied mandate to drive himself, it cannot be said that the insured is guilty of any breach.we affirm and reiterate the statement of law laid down in the ..... section 96 of that act prescribed the duty of the insurers to satisfy the judgments against persons insured in respect of third party risks (the parallel provision being section 149 in the motor vehicles act ..... we are in respectful agreement with the view expressed .....

Roshan General Store Vs. Vivek Gupta

Court : Madhya Pradesh

Reported in : AIR2004MP42; 2003(4)MPLJ342

..... from the repeal and savings of the act it is clear that the said provision is applicable to all pending ..... delhi, air 1997 sc 2239 in para 7 of the judgment the apex court has held that it is a cardinal principle of construction of a statute or the statutory rule that efforts should be made in construing the different provisions, so that, each provision will have its play and in the event of any conflict a harmonious construction should be given.13. ..... a question has been referred by the single bench regarding provisions applicable for recording evidence in a civil suit, which is subject matter of appeal, whether provisions of rule 4 of order xviii of the code of civil procedure will apply or the provisions as envisaged under rule 5 will apply to a suit, whose decree is ..... in the result we hold as under :--that in appealable cases court shall follow the provisions for recording evidence as laid down under order xviii rule (4) cpc and when summons are issued, the court can give an option to the witness summoned either to file an affidavit by way of examination-in-chief or to be ..... khanchandani, air 2000 sc 2747, wherein it is held that by non obstante clause the legislature devises means which are usually applied to give overriding effect to certain provisions over some contrary provisions that may be found either in a same enactment or some other statute. ..... in the order xviii is by section 12 of the amending act. ..... no provision in the statute and no word in any section can be construed in .....

Pradeep Kumar Singh and anr. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2009CriLJ770; 2009(1)MPHT269

..... accused had exclusive possession of the ornaments, at least for some time, after the theft, so that he was in a position to keep those ornaments inside 'that bush'; the second sentence would only imply that the accused person somehow acquired the knowledge about their whereabouts and his case will then come within the dictum laid down in para 6 of trimbak v. ..... judgment of conviction and order of sentence passed by learned trial court convicting the appellants under sections 394, 302/34 and 201 of ipc is hereby set aside and appellants are acquitted from all ..... on the basis of allegations made against the appellants in the charge-sheet framed charges punishable under sections 394, 302/34 and 201 of ipc against them which they denied and requested for trial.7. ..... in default of payment of fine ri for one month each, respectively with a further stipulation that all the sentences shall run concurrently, this appeal under section 374(2) of the code of criminal procedure, 1973 has been preferred by them.2. ..... made has not reduced it to writing and does not remember the exact words used by the accused he can depose to it only in his own language.this view is justified on the ground that section 27 uses the word 'information' and not the word 'statement' which is used in all sections (sections 17 to 31) of this group (see monir, vol i, p. ..... memoranda or panchnamas can only be used by persons who signed them or prepared them to refresh their memory within the meaning of section 159 of the evidence act. .....

Somla and ors. Vs. Rampuri and ors.

Court : Madhya Pradesh

Reported in : 1995ACJ1094

..... this is an appeal under section 110-d of the motor vehicles act, 1939, against the award dated 7.11.1985 passed by mr. v.d. .....