Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 3 provisions in implied arbitration agreement Sorted by: old Court: delhi Page 1 of about 145 results (0.202 seconds)

Ludwig Wunsche and Co. Vs. Raunaq International Ltd. and ors.

Court : Delhi

Reported in : AIR1983Delhi247; 22(1982)DLT53; 1983(4)DRJ8

..... enforcement and the production of the arbitration proceedings being unnecessary for the purpose of enforcement of a foreign award in view of the provisions of the arbitration (protocol and convention) act, 1937 and/or the foreign awards (recognition and enforcement) act, 1961, notice to the arbitrators for the production of the award, proceedings and the documents was unnecessary and so was the further notice to the indian company, after the award has been filed, as envisaged in section 14(2) of the indian arbitration act, 1940. ..... this exclusion is not only based on the express provision contained in section 47 of the act of 1940 but would also be implied because at least the act of 1961 was a subsequent statute and both the acts of 1937 and the act of 1961 arc special statutes dealing with certain categories of arbitral awards, while the act of 1940 was a general provision with regard to the arbitration. ..... who spoke for the court observed that 'we will assume for the purpose of this appeal that section 34 of the arbitration act of 1940 invests a court in india with authority to stay a legal proceeding commenced by a party to an arbitration agreement against any other party there to in respect of any matter to be referred even when the agreement is to submit it to a foreign arbitration tribunal. ..... the act of 1961 repealed the act of 1937 and was intended to give effect to the convention of the recognition and enforcement of foreign arbitral awards to which india was also a .....

Ratna Infrastructure Projects Pvt. Ltd. Vs.meja Urja Nigam Private Lim ...

Court : Delhi

..... the provisions of the old act (arbitration act, 1940) shall apply in relation to arbitral proceedings which have commenced before the coming into force of the new act (the arbitration and conciliation act, 1996 ..... subject as aforesaid the provisions of arbitration act 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration under this clause. ..... c) arbitration act 1940 is to be read as arbitration and conciliation act 1996 [necessary change may also be made in proforma contract agreement].." 5 ..... 2000) 8 scc151 secondly, it is submitted that the arbitration clause in question states that the arbitration act 1940 (substituted by the act by an amendment) and all amendments subsequent thereto would ..... of 2016 page 7 of 13 (2) notwithstanding such repeal, -(a) the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force. 17. ..... the supreme court was examining the applicability of the arbitration act, 1940 which had been repealed in relation to arbitration proceedings that had commenced prior to the enactment of the said act (i.e. ..... satisfies the requirement of section 26 of there being an agreement between the parties that the act as amended with effect from 23rd october 2015 will .....

Mohammad Vs. Aggarwal Finance Private Ltd.

Court : Delhi

Reported in : 3(1967)DLT15

..... order was made in the proceedings following the appointment of an arbitrator under section 20 of the arbitration act and the making of award by the arbitrator. ..... fides on the part of all parties concerned in relation to his selection and appointment and every disclousure which might in the least affect the minds of those who are proposing to submit their dispute to the arbitration of any particular individual, as regards his selection and fitness for the post ought to be made, so that each party may have every opportunity of considering whether the reference ..... which arguments were addressed on this objection, was decided against the objector on the ground that there was no proper evidence to show that the arbitrator and his brtoher, who was said to be a counsel for the applicants, had their office in the same building. ..... 's learned counsel has, however, concentrated on the submission that he was nto given any opportunity of establishing the allegation of misconduct on the part of the arbitrator, and indeed this has been his main contention on which he has laid primary, if nto sole, stress. ..... procedure, the practice of granting adjournments too readily on untenable grounds cannto be approved by this court and i consider it proper to point out that an attempt should be made (to adopt the procedure more in accord with the provisions of the code as explained in the high court rule '& orders. ..... whether the agreement to refer is invalid and can the objectors take up this objection at this .....

Delhi Iron and Si Eel Co. (P) Ltd. Vs. Union of India

Court : Delhi

Reported in : 4(1968)DLT15

..... , delhi, that strict principles of sanctity of contract is subject to the discretion of the court under section 34 of the indian arbitration act, for, there must be read in every such agreement an implied term or condition that it would be enforceable only if the court, having due regard to the toher surrounding circumstances, thinks fit in its discretion to enforce ..... question whether such printed terms fall within the definition of the expression 'arbitration agreement' as contained in section 2(a) of the arbitration act has now to be considered. ..... of course nto unmindful of the fact that the court of appeal is nto expected, normally, to interfare with the exarcise of discretion by the court below under section 34 of the indian arbitration act but in the present case, i am disagreeing with that court of the question of the existence of an agreement to reference binding on the parties. ..... means of the impugned order, an application by the union of india under section 34 of the arbitration act was allowed and proceedings in the suit directed to be adjourned sine die ..... (8) the power enunciated by section .34 of the arbitration act has been described by the supreme court in michael ..... application was made by the defendant under section 34 of the arbitration act pleading that. ..... decision has been brough to my ntoice, according to which, terms like the present, unless agreement to by buth the parties, can be considered to be covered by the arbitration agreement as defined in section 2(a . r. b. .....

Virendra Saigal Vs. Sumatilal Jamnalal

Court : Delhi

Reported in : AIR1970Delhi14

..... upon service of the summons of this suit, the respondent filed an application under section 34 of the arbitration act for stay of the suit on the allegation that there was an agreement between the parties for reference of any disputes arising between them to arbitration. ..... with regard to the application dated september 12, 1966, it is the respondent's contention that the application itself having been filed in a court which was not competent to entertain it, the provisions of sub-section (4) of the said section could not be invoked for holding that the application dated november 19, 1966 had been filed in a court having jurisdiction.5. ..... section 31 of the act is in these terms:-'(1) subject to the provisions of this act, an award may be filed in any court having jurisdiction in the matter to which the reference relates ..... this case is clearly distinguishable from the present case as in the present case, the application for stay which has been made under section 34 of the arbitration act had been dismissed and the suit had been held to be filed in a court not having jurisdiction. ..... while the conflict intended to be avoided by section 31 is the conflict between different courts in respect to arbitration proceedings pursuant to a reference.two conditions must be fulfillled to give the court exclusive jurisdiction under section 31(4) of the arbitration act, first, an application must be made in the court under the arbitration act and, second, the application must be made 'in any reference' .....

installment Supply Private Ltd. Vs. Mohd. Shabir Khan and ors.

Court : Delhi

Reported in : ILR1969Delhi949

..... also observed that the existence or the validity ofthe arbitration agreement may be challenged by an application under section 33 ofthe act even though an award on the basis of the supposed arbitration agreement has been made, and even though that application is made after the expiry of the time prescribed by article 119(b) of lthe limitation act, 1963. ..... the question whether an application under section 33 of the act challenging the validity of an award on the ground of non-existence of the arbitration agreement was governed by article 119(b) of the limitation act, 1963, was replied to in the negative by a full bench of this court in prem ..... can be treated as applications under section 33 of the act challenging the existence of the arbitration agreement. ..... order of the deputy registrar has nto led to any serious consequences for respoundents 1, 2 and 4 did nto apply for setting aside of the award on one or more of of the grounds referred to in section 30 of the act but through their objections, filed on 19-9-1968, challenged the very existence of the arbitration agreement. ..... respondents 1, 2 and 4 did specifically challenge the existence of the arbitration agreement on the basis of which shri sardar bahadur, acting as a sole arbitrator, made anaward. ..... the said respondents filed 'written statements', containing objections that they had never executed the arbitration agreement and had neither appointed shri sardar bahadur as sole arbitrator nor had made an arbitration reference to him. .....

Mangal Sen Vs. Union of India

Court : Delhi

Reported in : AIR1970Delhi44; 6(1970)DLT473

..... of bombay high court was one of an appeal against an award for compensation made by an arbitrator under section 19 of the defense of india act, 1939 in respect of property acquired by government under the provisions of rule 74-a, defense of india rules 1939. ..... the argument of the learned counsel for the appellant however, is that the view of law taken by the arbitrator is erroneous in that the act being a pre-constitution act both the provisos to cl (e) of sub-section (1) of section 7 of the act are ultra virus section 299 of the government of india act, 1935 and are thereforee, liable to be ignored ..... of the acts and regulations specified in the ninth schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such act, regulation or provision is inconsistent with, or takes away or abridges any rights conferred by, any provision of part iii of the constitution, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or ..... the section provides that where the amount of compensation can be fixed by agreement it shall be paid in accordance with that agreement; but where no such agreement can be reached then the provincial government qualified for appointment as a judge of a high court ..... as there was no agreement between the appellant and the state government the latter appointed shri k.s .....

The National Small Industries Corporation Ltd. Vs. R. Siegward and Soh ...

Court : Delhi

Reported in : ILR1970Delhi632

..... (21) the provisions comprised in section 34 of the indian arbitration act need to be reproduced in their entirety, and the same are as under : section 34 'whereany party to an arbitration agreement or any person claiming under him commands any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings ..... the court there also was dealing with the provisions of section 34 of the arbitration act and the very clause with which i am ..... the right to present the application under section 34 which action he will be performing nto under the provisions of civil procedure code but in terms of the rights conferred statutorily through the indian arbitration act wherein section 34 stands by itself. ..... a mere reading of the statutory provisions contained in section 34 of the arbitration act is enough to support me in my observation that even a defendant against whom an order is recorded that the proceedings will ..... 1 for the purpose of the instant application under section 34 of the arbitration act, then, it becomes plainly clear that a request had been made before that letter was written for gaining time for filing written statement and the ..... raised by the learned counsel for the plaintiff that the application under section 34 of the arbitration act be thrown out on the ground that defendant no. .....

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. .....

H.S. Sobti and Co-engineers and Contractors Vs. the Union of India

Court : Delhi

Reported in : 6(1970)DLT336

..... the contention on behalf of the respondent in appeal, was that the court of the senior subordinate judge had no jurisdiction to entertain the application filed by the applicant under section 14 and 17 of the arbitration act after 1 5-1967, as the jurisdiction of the delhi high court had been extended to himachal pradesh on that day and only the high court was competent to entertain the application ..... 1, 7 and 8 formed part of agreement no 98, by virtue of clause 12, and the three items were validly referred to arbitration and the arbitrator had jurisdiction to give decision abou those ..... accordance with clause 25 of the agreement, the chief engineer referred the disputes between the parties to the sole arbitration of shri n k. ..... second thing is that the respondent had i.ever taken up the position that the three items did not form part of agreement no 98 and were not referred to arbitration. ..... the respondent had been treating the three items nos 1,7and8as part of the agreement no 98, after they were entrusted to the applicant the claim of the applicant included the amount with respect to the three items ..... that the unfinished work with respect to three items had been entrusted to the applicant and that the work was not given to the applicant by the enginer-in charge on his intiative and the provision of clause 12 of the agreement no. ..... before parting with the case, it may be pointed out that the learned counsel for the respondent had argued that the agreement with respect to items nos. .....