Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 3 provisions in implied arbitration agreement Court: delhi Page 2 of about 145 results (0.097 seconds)

Seth SatnaraIn Goenka and ors. Vs. Union of India Through the Ministry ...

Court : Delhi

Reported in : AIR1970Delhi232

..... but neither section 5 nor any other provision in the requisitioning and acquisition of immovable property act gives jurisdiction to an arbitrator to direct that cost of repairs may be deducted from the amount of compensation. ..... stated broadly the act of taking possession of immovable property generally implies an agreement to pay interest on the value of the property and it is on this principle that a claim for interest be made against the state. ..... it lays down that ny property which immediately before the repeal of delhi premises (requisition and eviction) act 1947 was subject to requisition under the provisions of that act shall, on the commencement of the requisitioning and acquisition of immovable property act, 1952, be deemed to be property requisitioned under the latter act and all the provisions of the act shall apply accordingly. ..... shri harbans singh held that the compensation payable to the owners-claimants, in connection with the requisition of the premises, was to be determined under the requisitioning and acquisition of immovable property act, 1952 which had repealed the delhi premises (requisition and eviction) act 1947 and that the requisitioning of the premises had not brought about the relationship of landlord and tenant between the owners-claimants and the govt. .....

M.G.F. (India) Ltd. Vs. Sh. Rajinder Singhal and anr.

Court : Delhi

Reported in : 2003VIAD(Delhi)160; 2003(3)ARBLR162(Delhi); 106(2003)DLT422; 2003(70)DRJ439; 2003(3)RAJ414

..... regards the first objection of the respondent about maintainability of the petition, it is stated in the reply that since the indian arbitration act, 1940 has been repealed by section 85 of the ordinance and is no longer part of the statute and thereforee no petition is entertainable or maintainable under the provisions of the old act after the new arbitration and conciliation act, 1996 came into force. 10. ..... has filed this petition under section 20 of the arbitration act, 1940 because of their being arbitration clause in the lease agreement as contained in clause 39 (a) of the said agreement. 7. ..... perusal of the provisions of section 85 of the new act with the provisions of the old enactment shall apply in relation to arbitral proceedings which commenced before this act came into force but if there was an agreement between the parties to the contrary then of course new act shall come into ..... as under: ''39-a - all disputes, differences and/or claims arising out of this agreement shall be settled by arbitration in accordance with the provisions of the indian arbitration ac t 1940 of any statutory amendments thereof and shall be referred to the sole arbitration of shri inderjit gulati, advocate, delhi or in case of his death, refusal, neglect, incapability to act as an arbitrator to the sole arbitration of shri d.l. ..... is a petition under section 20 of the arbitration act 1940 seeking reference of disputes to the arbitrator as named in the lease agreement dated 11th december,1991. .....

Hardayal Singh Vs. Joginder Singh and ors.

Court : Delhi

Reported in : 156(2009)DLT28

..... we are of the opinion that section 39 of the arbitration act, 1940 cannot be said to be impliedly repealed by virtue of section 10(1) of the delhi high court act, 1966. ..... sathappan's case the constitution bench reaffirmed that since arbitration act, 1940 was a self contained code relating to arbitrations and there were no similar provisions, like section 4 and section 104(1) of c.p.c. ..... 34 of the judgment in shah babulal khimiji's case it would become apparent that the supreme court, while upholding the right of first appeal against judgment of a trial judge from orders from which appeal is permissible under section 39 of the arbitration act impliedly also held that the provisions of sec. ..... this court [in mohindra supply case] however noticed that in the arbitration act, there was no provision similar to section 4 of the code of civil procedure which preserved powers reserved to courts under special statutes. ..... the following orders passed under this act (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order: an order-(i) superseding an arbitration;(ii) on an award stated in the form of a special case;(iii) modifying or correcting an award;(iv) filing or refusing to file an arbitration agreement;(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;(vi) setting aside or refusing to set aside an award;provided that the provisions of this section shall not apply to any order .....

Apex Encon Projects Pvt. Ltd. Vs.union of India & Anr.

Court : Delhi

..... the controversy there pertained to as to whether the arbitration act, 1940 would apply or the new arbitration act, 1996 would be applicable to the facts of the case. ..... a notice of arbitration is the first essential step towards the making of a default appointment in terms of chapter ii of the arbitration act, 1940. ..... ) 56/2017 page 3 of 8 relation to proceedings before the arbitral tribunal), which commenced in accordance with the provisions of section 21 of the said act prior to 23.10.2015, would be governed, subject to an agreement between the parties to the contrary, by the unamended provisions and all those, in terms of the second part of section 26, which commenced on or after 23.10.2015 would be governed by the amended provisions. 9. ..... keeping in view the fact that in all the decisions, referred to hereinbefore, this court has applied the meaning given to the expression 'commencement of the arbitral proceeding' as contained in section 21 of the 1996 act for the purpose of applicability of the 1940 act having regard to section 85(2)(a) thereof, we have no hesitation in holding that in this case also, service of a notice for appointment of an arbitrator would be the relevant date for the purpose of commencement of the arbitration proceeding 12. ..... if the provisions of the 1940 act applies, the procedure for appointment of an arbitrator would be different than the procedure required to be followed under the 1996 act. ..... section 85 of the 1996 act repeals the 1940 act. .....

Canbank Financial Services Ltd. Vs. Haryana Petrochemicals Ltd. and an ...

Court : Delhi

Reported in : 2008(2)ARBLR365(Delhi); 2008(104)DRJ59

..... we may also refer to the interpretation placed by the supreme court with regard to similar provision namely section 39(1) of the old arbitration act, 1940. ..... dhupia repoted in air 1970 delhi 108 a full bench of this court held that section 39 of the arbitration act 1940 cannot be said to be repealed by implication by section 10(1) of delhi high court act 1966. ..... according to the counsel for the appellant, the subject matter of the suit was not the subject of the arbitration agreement, at the time of institution of the suit.3. ..... 39 of the arbitration act impliedly also held that the provisions of section 39 of the arbitration act would apply in appeals from orders from which appeal is permissible under section 39 or was impermissible. ..... the following orders passed under this act (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order:an order- (i) superseding an arbitration; (ii) on an award stated in the form of a special case; (iii) modifying or correcting an award; (iv) filing or refusing to file an arbitration agreement; (v) staying or refusing to stay legal proceedings where there is an arbitration agreement; (vi) setting aside or refusing to set aside an award; provided that the provisions of this section shall not apply to any order ..... 2 is neither a signatory nor a party to the master lease agreement or the supplementary agreement incorporating the arbitration clause. .....

Directorate General of Supplies and Disposal Vs. Machine Tools (India) ...

Court : Delhi

Reported in : 2008(3)ARBLR90(Delhi); 151(2008)DLT646; (2008)152PLR56

..... thus, the reasoning of the learned trial judge that since parties had agreed to be bound by the procedure of the arbitration act, 1940 which stood repealed when reference was made to the arbitrator and hence the very appointment of the arbitrator is vitiated is a finding which is totally contrary to law.7. ..... it was held that expression 'any statutory provision' would have to be read ejusdem generis and word 'thereof' used leave no scope for doubt that any statutory modification refers to modification if any made or carried out in the arbitration act, 1940. ..... concludes the controversy arising out of the repeal of the arbitration act, 1940 with the promulgation of the arbitration and conciliation act, 1996. ..... the only source from which arbitrator derives jurisdiction is agreement and in the absence thereof whole proceedings are null and void. ..... : [2003]3scr691 that court can set aside an award if the party furnishes proof of the fact that it was under some incapacity or the arbitration agreement was not valid. ..... section 85 of the new act deals with the savings of provisions of old act is not applicable because that is confined to proceedings commenced under the old act. ..... by that time the old act of 1940 was no more in force and could not be invoked.there was no fresh agreement between the parties to apply new act of 1996. ..... the court may also set aside any award if the composition of tribunal was not in accordance with the agreement of the parties.18. .....

General Manager N.T.P.C. and anr. Vs. Lt. Col. A.P. Singh (Retd.) and ...

Court : Delhi

Reported in : 156(2009)DLT572

..... drew attention of the trial court to clause 7 of the agreement between the parties wherein it was provided that all disputes and differences arising out of the contract shall be decided by the process of settlement and arbitration as specified in clause 56 and 57 of the general conditions of the contract and amended provisions of arbitration act, 1940 shall apply. ..... of any subject or class of subject shall be referred to arbitration, and that only and amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.exception 2: saving of contract to refer question that have already arisen - nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being ..... if in an agreement there is a mention of arbitration act, 1940 which stood repealed at the time agreement between the parties was entered into, it was only an omission and the existing arbitration & conciliation act, 1996 would ..... for the respondent, per contra, argued that the issue of jurisdiction cannot be raised by the petitioner before this court since the petitioner by the impugned application under section 8 of the arbitration and conciliation act has submitted to the jurisdiction of the court below and once the petitioner had submitted to the jurisdiction of the court below, he cannot raise the issue of jurisdiction .....

N.T.P.C. (General Manager) and anr. Vs. Lt. Col. A.P. Singh (Retd.) an ...

Court : Delhi

Reported in : (2009)154PLR8

..... clause 7 of the agreement between the parties wherein it was provided that all disputes and differences arising out of the contract shall be decided by the process of settlement and arbitration as specified in clauses 56 and 57 of the general conditions of the contract and amended provisions of arbitration act, 1940 shall apply. ..... provisions of section 20 of the cpc and observed that where two courts or more have jurisdiction under cpc to try the suit or proceedings, an agreement between the parties that dispute between them shall be tried in any one such court is not contrary to the public policy and it in no way in contravention to section 28 of the indian contract act ..... agreement there is a mention of arbitration act, 1940, which stood repealed at the time agreement between the parties was entered into, it was only an omission and the existing arbitration and conciliation act ..... lack of jurisdiction in the court below and objection to the territorial jurisdiction can be waived and once an application under section 8 of the arbitration and conciliation act is made before the court below, the objection to jurisdiction stands waived. ..... per contra, argued that the issue of jurisdiction cannot be raised by the petitioner before this court since the petitioner by the impugned application under section 8 of the arbitration and conciliation act has submitted to the jurisdiction of the court below and once the petitioner had submitted to the jurisdiction of the court below, he cannot raise .....

Union of India Vs. Rishi Raj and Co., Delhi

Court : Delhi

Reported in : AIR1973Delhi15

..... filed an application in the court of the subordinate judge, 1st, class, delhi, under section 20 of the indian arbitration act, 1940 (hereinafter referred to as the act) for referring certain disputes between the respondent and the appellant to arbitration of the arbitrator named in the agreement dated 5-11-1963. ..... 181 of the limitation act only governs applications under the code of civil procedure for which no period of limitation is provided under the schedule, an application under the arbitration act, 1940 not being an application under the code of civil procedure, unless there is some provision, which by express enactment or plain intendment to the contrary in the arbitration act, will not be governed by ..... be noticed that apart from article 118 appearing in the third division which is in respect of certain applications under the arbitration act, 1940, there are certain other articles, like article 131 which is in respect of certain applications under the code of criminal ..... ii of the code of civil procedure and the indian arbitration act, 1899, were repealed and an act dealing with all arbitrations was enacted, and it was found necessary on that account ..... word 'other' implies a reference to earlier articles and, consequently, in interpreting this article, regard must be had to the provisions contained in all ..... the said act was repealed by the limitation act, 1963 and article 119 has taken the place of articles 158 and 178 of the old limitation act and article 137 took the place of .....

Progetto Grano S.P.A. Vs. Shri Lal Mahal Limited

Court : Delhi

..... (supra) would not be applicable to the present case as that judgment was based on the provisions of the arbitration act, 1940 and the foreign awards act, 1961 both of which have been repealed. ..... the legal position that stands today is that under section 85 of the 1996 act, the indian arbitration act, 1940 and the foreign award 1961 is repealed.34. ..... provisions of the arbitration act, 1940 would, therefore, apply in the matter of enforcement of awards subject to the provisions of the foreign awards act. ..... with regard to interest, the following provisions, is made in section 29 of the indian arbitration act : interest of awards - where and in so far as award is for the payment of money the court may in the decree order interest, form the date of the decree at such rate as the court deems reasonable, to be paid on ..... the above judgment of the supreme court has relying on section 4(1) of the foreign awards act, section 29 of the indian arbitration act 1940 and based on observations of the supreme court arising in the case of gujarat water supply & sewerage board v ..... on 05.02.1997, the buyers made a separate claim for arbitration for sellers alleged breach of the arbitration agreement in bringing legal proceedings in india concerning the first dispute. ..... in other words, a letters patent appeal would be excluded by application of one of the general principles that where the special act sets out a self-contained code the applicability of the general law procedure would be impliedly excluded. 38. .....