Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Page 1 of about 21,229 results (0.156 seconds)

Allahabad Development Authority and anr. Vs. Vidyawati Construction Co ...

Court : Allahabad

Reported in : 2001(4)AWC2809; (2002)1UPLBEC300

..... this appeal is directed against the judgment dated 24.5.1999 and decree dated 14.7.1999 making the award of the arbitrator dated 23.5.1997 as rule of court and rejecting the objection of the appellants under section 30/33 of the arbitration act, 1940 (in short the 'act').2. ..... the appellant filed objection to the said application under section 30/33 of the arbitration act, 1940. ..... as the award could not be given within the statutory period, an application was filed for extension of the time before the court under section 28 of the arbitration act, 1940. ..... ' in paragraph 31, the court further observed as under :'from these facts, it is apparent that claim before the arbitrator in november-december, 1985 was apparently barred by period of limitation. ..... section 3 of the limitation act provides that even if no objection is raised, the authority has to reject the claim if it is barred by time. ..... under section 3 of the limitation act, it was the duty of the arbitrator to reject the claim as it was on the face of it, barred by the period of limitation.'45. ..... on that date cause of action for recovering the said amount was barred by the period of three years prescribed under article 137 of the limitation act, 1963. ..... contractor cannot wait indefinitely and is required to take action within the period of limitation. ..... the mere fact that the appellant did not give any reply or denied its claim, will not extend the period of limitation. ..... the mere correspondence will not extend the period of limitation. .....

Shubangi Apa Dhuri, Daughter of Late Panduranga Moraskar, (Since Decea ...

Court : Mumbai Goa

..... section 4 of the gdd act repeals only such of the law in goa as corresponds to the cpc and the arbitration act. ..... in this case, the supreme court considered the concept of special or local law under section 29(2) of the limitation act to hold whether the pcc would stand repealed by the limitation act by necessary implication in view thereof. ..... mentioned therein as proviso does not apply to them, but the plaintiffs also contend that the time from which the period would begin to run under limitation act, 1963 would have to be read down to hold that the period of limitation of one year to enforce the right of pre-emption in a suit would be the period from the date of the knowledge of the sale, because unless the plaintiffs knew of the sale, they could not ..... the applicability of the limitation act is circumscribed by the savings contained in section 29(2) of the limitation act under which special or local law prescribing a different period of limitation would require such period to be applicable and not the period mentioned in the schedule to the limitation act for determining the period of limitation to sue. ..... in para 10 of the judgment, the court considered that the code of civil procedure, 1908 (cpc) and the arbitration act, 1940 were extended to goa. .....

Union of India (Uoi) and anr. Vs. L.K. Ahuja and Co.

Court : Supreme Court of India

Reported in : AIR1988SC1172; 1988(1)ARBLR375(SC); JT1988(2)SC82; 1988(1)SCALE710; (1988)3SCC76; [1988]3SCR402; 1988(1)LC702(SC)

..... the arbitration act, 1940 repealed para 17 of the second schedule to the code and re-enacted it in section 70 with ..... premises the court held that an application under sections 8 & 20 of the arbitration act, 1940 was not governed by article 181 of the limitation act. ..... is a matter which the arbitrator would decide unless, however, if on admitted facts a claim is found at the time of making an order under section 20 of the arbitration act, to be barred by limitation. ..... appeal by certificate this court held that by the arbitration act, 1940 the legislature amended articles 158 and 178 of the limitation act and made them applicable to the relevant proceedings under the arbitration act but no similar change was made in article 181. ..... in the view of the judicial commissioner an application for filing an arbitration agreement under section 20 of the act was governed by article 181 of the limitation act, 1908 and since the period of three years prescribed thereby commenced to run from the date on which the differences arose between the parties from the month of september, 1950 and in any case on ..... whether the claim made in the arbitration is barred by limitation under the relevant provisions of the limitation act and secondly, whether the claim made for application under section 20 is barred. ..... the state of himachal pradesh contended, inter alia that the application for filing the arbitration agreement was barred by law of limitation as the right to apply if any arose in 1950 and not in june, 1952 .....

Progressive Career Academy Pvt. Ltd. Vs. Fiit Jee Ltd.

Court : Delhi

..... accordingly, section 39 of the repealed arbitration act, 1940 which had provided for a limited scope of appeal before the appellate court, superseded the provisions of letters patent. ..... legislature being cognizant of this difference of opinion prior to the code of 1908 and the unanimity of opinion which resulted after the amendment, chose not to include the reservation clause in the provisions relating to appeals in the arbitration act of 1940, the conclusion is inevitable that it was so done with a view to restrict the right of appeal within the strict limits defined by section 39 and to take away the right conferred by other statutes. ..... under the code of 1908, the right to appeal under the letters patent was saved both by section 4 and the clause contained in section 104(1), but by the arbitration act of 1940, the jurisdiction of the court under any other law for the time being in force is not saved; the right of appeal can therefore be exercised against orders in arbitration proceedings only under section 39, and no appeal (except an appeal to this court) will lie from an appellate order. 18. ..... apart from the pronouncements of the supreme court on the arbitration act, 1940, it is obvious that several division benches of this court, as well as of the madras high court, have not entertained appeals at least pertaining to arbitration disputes under section 10 of the letters patent. 9. in p.s. .....

Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Reported in : AIR1965All269

..... standing counsel proceeded that the supreme court having held that article 181, limitation act, should be so construed as if the words 'under the code' actually occurred therein, and section 20, arbitration act, repealed and re-enacted paragraph 17 of the second schedule, sec. ..... also beyond controversy that prior to the arbitration act, 1940, applications under paragraph 17 of the second schedule to the code were governed by article 181, limitation act.18. ..... section 8, arbitration act, 1940, provides for the appointment of an arbitrator by the court under the diverse contingencies mentioned in that section ..... the arbitration act while repealing the second schedule to the code also amended and substituted articles 158 and 178, indian limitation act, so as to make them applicable to the corresponding provisions of the arbitration act, but it did not amend article 181 of the limitation act. ..... kunzru for the respondent countered this argument and urged that section 8, general clauses act, applies only when the enactment actually refers or cites the repealed enactment and, secondly, that in the arbitration act, which repealed and re-enacted the second schedule to the code, a ..... 1908' by the words 'under the arbitration act, 1940', it became necessary to amend articles 159 ..... general clauses act applied and reference to the code in article 181 would mean reference to the arbitration act, 1940.16. pt. ..... the contention is that arbitration act, 1940 repeals and re-enacts the second schedule to the c. .....

Indian Institute of Technology, Kanpur Vs. Anushree Constructors and C ...

Court : Allahabad

Reported in : 1999(4)AWC3493

..... reading of section 85(1), new act shows that the provisions of old -act (arbitration act, 1940) were saved to the extent that the said act continued to apply to the arbitral proceedings, which had commenced before the new act came into force subject, however, to the condition that the parties to the proceedings do not agree otherwise. ..... --(1) the limitation act, 1963 (xxxvi of 1963), shall apply to arbitrations as it applies to proceedings in court ..... in the application under section 34, new act (paper 4ga), institute has taken plea of limitation. ..... the learned counsel for thepetitioner then submitted that scopeof challenging an award under newact is limited to the ground containedin section 34. ..... it is made clear that petitioner institute shall not be now permitted to raise plea of limitation or any other plea as preliminary issue to be decided separately.55. ..... (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 ; (b) all rules made and notifications published, under the said enactments,shall, to the extent to which they are not repugnant to this act. ..... for the purpose of this section and the limitation act, 1963 (xxxvi of 1963), arbitration shall be deemed to have commenced on the date referred in section 21 :section 85. .....

Syndicate Bank Vs. Mr. Prabha D. Naik and anr. Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1968; II(2001)BC304(SC); [2001]105CompCas385(SC); JT2001(4)SC133; (2001)2MLJ97(SC); 2001(3)SCALE53; (2001)4SCC713; [2001]2SCR714; 2001(2)LC1031(SC); (2001)2UPLBEC1

..... the earlier decision [(justiniano (supra)], obviously was on an inspiration from the provisions of section 3 of the goa, daman and diu (extension of the code of civil procedure and the arbitration), act, 1965 by which both the code of civil procedure, 1908 and the arbitration act, 1940 were extended to the union territory of goa, daman and diu and it is on this perspective this court in paragraph 10 of the report observed: '....section 4 of the act repeals so much of the law in force in the union territory of goa, daman ..... construction's case (supra) have been relied upon and it was contended that in any event the portuguese civil code being not a special legislation pertaining to the issue of limitation, the code, cannot be termed to be a special law or local law within the meaning of section 29(2) of the limitation act and a bench of two judges of this court hearing the matter, upon assessment of the situation, found the submission to be attractive and as such, there was a felt-necessity for ..... 1963 was passed by the parliament and subsequently received the assent of the president on 5th october, 1963 and it came into force on 1st january, 1964 as the limitation act 1963 (act 36 of 1963), sub-section 1 of section 1 provides that the act may be called limitation act, 1963 and sub-section 2 of section 1 specifically provides that the act shall be made applicable to the whole of india except the state of jammu & kashmir. .....

Justiniano Augusto De Piedade Barreto Vs. Antonio Vicente Da Fonseca a ...

Court : Supreme Court of India

Reported in : AIR1979SC984; (1979)3SCC47; [1979]3SCR494

..... section 4 of the act repeals so much of the law in force in the union territory of goa, daman and diu as corresponds to the cpc, 1908 or the arbitration act, 1940. ..... if section 32 and section 29(2) of the limitation act 1963 are read together, it becomes clear that the only law of limitation that is repealed is the limitation act, 1908, and all other laws dealing with limitation, special or local are saved and are to be read into the limitation act, 1963.14. ..... these are mere instances of special laws within the meaning of section 29(2) of the limitation act.if in the above extracted passage dealing with the scope of section 29(2) of the limitation act one reads the words 'local law' for the words 'special law' and the word 'area' for the words 'special cases', the meaning of the expression 'local law' becomes clear.13. ..... the question which has arisen for consideration in these two appeals is whether the provisions of the portuguese civil code relating to limitation stand repealed by the limitation act, 1963, by necessary implication, or whether they are saved by section 29(2) of that act.6. ..... gopal singh (supra) to which we have already referred:it has been observed in some of the cases decided by the high courts that the code is not a special or a local law within the meaning of section 29(2) of the limitation act, that is to say, so far as the entire code is concerned, because it is a general law laying down procedure, generally, for the trial of criminal cases. .....

Catholic Bank Ltd., Mangalore by Secretary C.V.N. Pais Vs. F.P.S. Albu ...

Court : Chennai

Reported in : AIR1944Mad308

..... the question referred is whether section 152, companies act, 1913, before its amendment by the arbitration act, 1940, had the effect of confining an arbitration in which a limited liability company was concerned to an arbitration under the arbitration act, 1899, or whether the section left a company free to , follow any of the courses contemplated by the civil procedure code as it stood before 1940. ..... repeal sub-section (1) of section 89 of the code made this provision of law:save in so far as is otherwise provided by the arbitration act, 1899, or by any other law for the time being in force, all references to arbitration whether by an order in a suit or otherwise, and all proceedings thereunder, shall be governed by the provisions contained in schedule 2.schedule 2 provided for an order of reference to arbitration being made in a suit, for an order of reference being passed without any suit being filed and for the case where an arbitration ..... for these reasons we would answer the question referred by saying that after the enactment of the companies act, 1913, and before the arbitration act, 1940, came into force a company could only enter into an arbitration under the provisions of the arbitration act 1899 and consequently companies were outside the scope of schedule 2, civil p.c. .....

State of Orissa and Another Etc. Vs. Sri Damodar Das

Court : Supreme Court of India

Reported in : 1996IAD(SC)589; AIR1996SC942; 1996(1)ARBLR221(SC); (1997)1CALLT1(SC); 82(1996)CLT110(SC); JT1995(9)SC419; 1996(1)SCALE68; (1996)2SCC216; [1995]Supp6SCR800

..... section 37(1) of the arbitration act, 1940 (for short, 'the act') provides that all the provisions of the indian limitation act, 1908 (since repealed and adopted by limitation act 1963) shall apply to arbitrations as they apply to the proceedings in court. ..... board of trustees for port of calcutta : [1993]3scr361 , this court had 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 for the contract. ..... the respondent thereon filed applications under sections 8 and 20 of the arbitration act in the court of subordinate judge, bhubaneswar for appointment of an arbitrator. ..... it was accordingly held in that case that since the petitioner slept over his rights for more than 10 years, by his conduct he allowed the arbitration to be barred by limitation and the court would be justified in relieving the party from arbitration agreement under sections 5 and 12(2)(b) of the act. 8. ..... in law of arbitration by justice bachawat at page 549 commenting on section 37, it is stated that subject to the limitation act, 1963. ..... section 2(a) of the act defines 'arbitration agreement' to mean 'a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not'. .....