Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 3 provisions in implied arbitration agreement Court: jammu and kashmir Page 1 of about 2 results (0.082 seconds)

Ramesh Chand Kathuria and Anr Vs. M/S Trikuta Chemicals Private Ltd. a ...

Court : Jammu and Kashmir

..... 19 a perusal of section 42 of arbitration act reveals a clear acknowledgement by the legislature, that the jurisdiction for raising a challenge to the same arbitration agreement, arbitral proceeding or arbitral award, could most definitely arise in more than one court simultaneously. ..... constitution of j and k1957provides repeal of the j and k constitution act 1939 but civil original jurisdiction of the high court is saved by section 102 which reads as under: section 102: saving of existing jurisdiction of the high court subject to the provisions of this constitution and to the provisions of any law for the time being in force, the jurisdiction of and the law administered in the high court and the respective powers of the judges thereof in relation to the administration of justice in the ..... therefore, in terms of section 2(1)(e) of the act, application under section 34 for setting aside the arbitral award shall be competent only before the court of district judge, therefore, ouster of the jurisdiction of the high court as court of civil original jurisdiction is implied 11 and in-built in proviso to section 102 of the state constitution, 1957.19. .....

Himalaya Construction Vs. Executive Engineer

Court : Jammu and Kashmir

Reported in : AIR2000J& K19

..... a perusal of the application preferred under section 20 of the arbitration act seeking appointment of an arbitrator indicates that the agreement was executed in the year 1973. ..... kirpa ram, air 1956 punjab 125 is again a clear pointer to the fact that the provisions of the arbitration act would be attracted and the question as to whether the claim is barred is a dispute which is to be decided by the arbitrator.the learned counsel appearing for the state on the basis of a decision reported as the kerala state electricity board, trivendrum v. p. ..... above passages show that the court laid down two principles : (i) it is an implied term of the reference that the arbitrator will decide the dispute according to existing law and give such relief with regard to interest as a court could give if it decides the dispute (ii) though in terms of section 34 of the code of civil procedure does not apply to arbitration proceedings, the principle of that section will be applied by the arbitrator for awarding interest in cases where a court of law in a suit having ..... this is for the reason that in such a case it must be presumed that interest was an implied term of the agreement between the parties and, therefore, when the parties refer all their disputes -- or refer the dispute as to interest as such -- to the arbitrator, he does not mean that in every case the arbitrator should necessarily award interest pendente lite. .....

Jagjit Singh and Sons Vs. Garrison Engineer

Court : Jammu and Kashmir

Reported in : AIR1991J& K43

..... to show any misconduct attributable to the arbitrator as is contemplated by the provisions of section 30 of the arbitration act. ..... narain, air 1922 all 106 held that the provision, 'entering on the reference' and 'having called upon to act by notice in writing' are alternative in this sense, that where no reference is entered at all the time runs from the notice calling upon the arbitrators to act. ..... judgments referred hereinabove and looking at the scheme, purport and object of the arbitration act, it can be said that 'enter upon reference' does not mean the date when the arbitrator is appointed by the court or notified to act as such by one of the parties. ..... contest on behalf of the defendant was, that 'entered on the reference' must mean having accepted the office and if that were the meaning, then, in the present case, the arbitrators being willing to proceed in july, they would have then accepted the office and entered on the reference and the award would have been made too late. ..... the aforesaid para provides that the arbitrators shall make their award within four months after entering upon the reference or after having been called upon to act by notice in writing by any party to the arbitration agreement or within such extended time as ..... but, i think the words 'or shall have been called upon to act', shew this, for that implies that the arbitrator has already accepted the office; it is plain, therefore, as it seems to me, that entering upon the reference means something else than .....

Mir Ghulam HussaIn Vs. State

Court : Jammu and Kashmir

Reported in : 2005(3)ARBLR628(J& K),2005(3)JKJ9

..... the arbitrator observed as under:-'from the record it appears that when the claimants approached the hon'ble high court for appointment of an arbitrator and filed petitions under section 20 of the j&k; arbitration act (now repealed), the respondents had set up limitation ..... section 43 of the act provides that the provisions of the limitation act, samvat 1996 shall apply to arbitrations as it applies to ..... board of trustees for port of calcutta 1993 (4) scc 38, which was followed in damodar das's case (supra) held:-'that the provisions of the limitation act would apply to arbitrations and notwithstanding any term in the contract to the contrary, cause of arbitration for the purpose of limitation shall be deemed to have accrued to the party, in respect of any such matter at the time when it should have accrued but ..... further held that even if the arbitration clause contains a provision that no cause of action shall accrue in respect of any matter agreed to be referred to until an award is made, time still runs from the normal date when the cause of action would have accrued if there had been no arbitration clause. ..... arbitration implies to charter out time-ous commencement of arbitration availing of the arbitral agreement, as soon as difference or ..... award is contrary to an express provision of law it would be opposed to public policy within the meaning of the section.17. ..... which is, on the face of it, patently in violation of statutory provisions cannot be said to be in public interest. .....

State of J. and K. Through the Executive Engineer Vs. Megha Enterprise ...

Court : Jammu and Kashmir

Reported in : AIR1996J& K67

..... in 1940, the legislature enacted act x of 1940, repealing schedule 2 and section 104(1), clauses (a) to (f) of the code of civil procedure, 1908, and the arbitration act of 1899. ..... 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 when 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 ..... passed by a small cause court,(2) no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the supreme court.4. .....

Fungicide India Ltd. Vs. State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : AIR2002J& K119,2003(1)ARBLR191(J& K)

..... (2) subject to the provisions of this section, the provisions of the jammu and kashmir arbitration act, 2002 shall apply to arbitrations under this act. ..... section 53 of the electricity act, 1997 (1940 ad) deals with the recovery of sums recoverable from the consumers under certain provisions of the act in respect of the supply of electric energy or any sum declared to be recoverable or any fee leviable under the act. ..... it is stated by the applicant that a photocopy of the agreement was produced by the respondents before the district judge in proceedings under section 9 of the arbitration and conciliation act {hereinafter for short referred to as 'the act'} and the said photocopy of the agreement revealed that the agreement did not bear the signatures of both the parties. ..... consumer has been defined in the jammu and kashmir electricity act, 1997 (1940 ad) as any person who is supplied with energy by a licensee or whose premises are for the time being connected for the purposes of a supply of energy with the works of a licensee. ..... the jammu and kashmir electricity act, 1997 (1940 ad) deals with the law relating to the supply and use of electrical energy. .....

Dujodwala Resins and Terpenes Ltd. Vs. State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ344

..... inaction of the respondents to act in accordance with arbitration clause 19 of the agreement to appoint an arbitrator and refer the dispute for arbitration within the stipulated period, occasioned the cause of action to the petitioner to approach the court in invoking the provisions of section 11(6) of the act, 1997.5. ..... it is for the arbitrator to rule 'on any question with respect to the existence or validity of the arbitration agreement' under section 16 of the act, 1997, which is confined to the width of its jurisdiction, but goes to the very root of its jurisdiction. ..... section 16 of the act empowers the arbitrator to decide the question of existence or validity of the arbitration agreement. ..... the provisions of section 11 (6) of the act, 1997 prescribe the events, when a party may request the chief justice or his designate to nominate an arbitrator and the nomination shall be made by the chief or any person designated by him. ..... it is pertinent to point out that the only function of the chief justice or his designate under section 11 is to fill the gap left by a party to the arbitration agreement and the non-appointment of an arbitrator by the other party, and nominate an arbitrator. ..... this petition has been preferred under section 11(6) of the jammu and kashmir arbitration and conciliation act, 1997 (hereinafter for short referred to as 'the act, 1997) in seeking appointment of an arbitrator within the period of notice as given by the petitioner.2. .....

Wali Muhammad Kar Vs. Habib-ullah Kar and anr.

Court : Jammu and Kashmir

Reported in : AIR2009J& K34,2008(3)JKJ259

..... i am not inclined to accept the view of the trial court that filing of the objections on 12-12-2006 in the presence of the parties would be a sufficient compliance of section 14(2) of the arbitration act, but consequently it is also revealed that the appellant has taken time to file the objections on 21-04-2007. ..... this appeal is before me under section 39 of the jammu and kashmir arbitration act filed by the appellant against the order dated 21-07-2007 of learned additional district judge, baramulla, whereby he has rejected the objections filed by the appellant herein against the award dated 9.12.2006 and ..... the counsel for the parties, who are representing the parties before the court, would be sufficient compliance of the requirement of section 14(2) of the arbitration act.13. mr. ..... under section 14(2) award can be filed by the arbitrators at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by the court and upon payment of the fees and charges duo in respect of the arbitration or on the intervention of ..... by a co-ordinate bench of this court and was sent to the learned district judge, barmulla who was directed to refer the matter to the arbitrators mentioned in the agreement after taking necessary steps as required by the arbitration act. ..... a perusal of the provision of the aforesaid section reveals that an award under section 14(1) can be filed by the arbitrators at their own without intervention of the parties or the .....

Northern Sanitation Vs. Hotel Corporation of India

Court : Jammu and Kashmir

..... the law laid down by the apex court is very clear that the court while dealing with petition under sections 30 and 33, arbitration act relating to the validity of the award cannot look into any document or material, including the contract agreement, if not incorporated in the award for determining legality or illegality of the award. ..... thakur, learned counsel appearing for the respondent-objector took the plea that the award was passed by the arbitrator after expiry of time allowed by the court in accordance with the provisions of the arbitration act and, as such, award is not enforceable in law. mr. ..... no doubt the abovesaid clause provides for extension of time in case of delay attributable to the owner or their architect but there is no provision contained in it regarding extending of delay for which claim of the contractor on account of such delay is not to be entertained. ..... hearing learned counsel for the parties in regard to the said application this court on the same day ordered for impounding the award as the claimant offered to pay the stamp duty in accordance with the provision of law and as determined by the court. ..... the jurisdiction of the court is circumvent by the provision of law.28. mr. .....

Northern Sanitation Vs. Hotel Corporation of India

Court : Jammu and Kashmir

Reported in : AIR1990J& K49

..... shall be deemed to be submission to arbitration act, 1940 or any statutory notifications thereof. ..... kerala, air 1975 sc 1259, the supreme court while dealing with the scope of section 30(a) held: 'under section 30(a) of the arbitration act an award can be set aside when an arbitrator has misconducted himself or the proceedings. ..... issues are inter-connected and the decision of one would determine the fate of all the issues:the term misconduct occurring in section 30 of the arbitration act has not been defined and it is difficult to give an exhaustive definition to what amounts the misconduct on the part, of the arbitrator. ..... 1985 in this court praying therein that the respondent-corporation be directed to file the arbitration agreement in the court and reference of the disputes detailed in para 28 be referred to the arbitration of one person out of the names given in para 27 of the said petition. ..... not only the case where moral turpitude of the arbitrator has been made out which alone falls within this category but even the cases where no moral turpitude is alleged or provedagainst the arbitrator yet the facts disclose a technical or legal misconduct in relation to the arbitrator's conduct or the proceedings making out a ground for setting aside the award under clause (a) of section 30 of the arb. ..... the judgment of' the supreme court reported in air 1977 sc 2014, it was submitted that when an agreement is filed in the court and order of reference is made under section 20(4) of the arb. .....