Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Court: jharkhand Page 1 of about 23 results (0.062 seconds)

Food Corpn. of India and Ors Vs. Deepak Kumar Singh

Court : Jharkhand

..... claim raised through the schedule were, therefore, held to be barred by law of limitation and the provisions of the arbitration act. 11. ..... suit was also barred under the provisions of arbitration act embodied in the contract. ..... learned counsel for the cross objector, i find that they have miserably failed to demolish the findings rendered by the learned trial court in respect of claim related to the period 1978 to 1982 both on the point of limitation and being hit by the existence of arbitration clause in the agreement during the period of ad hoc contract. ..... this suit is barred by the arbitration act? ..... , plaintiffs contended that the entire counter claim was malafide, misconceived and not maintainable being barred by law of limitation and principles of waiver, estoppel and acquiescence; that no cause of action had arisen for raising counter claim. ..... if there was a clear breach of the contract by the plaintiff the period of limitation would run in terms of article 55 of the act for defendant to raise a claim of compensation, which they failed to do within the stipulated period of ..... usefully referred to the articles 18 and 55 of the indian limitation act, which read as under: description of suit period of limitation time from which period begins to run 18. ..... judgment rendered by the apex court in the case of syndicate bank (supra) also does not come to the help of the appellants as it was rendered in the context of a guarantor/sureties liability under sections 128 and 129 of the contract act. .....

Sharda Construction Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2004(4)JCR786(Jhr)]

..... it completely reversed the law, on the subject of jurisdiction which had held the field until the repeal of arbitration act, 1940. ..... prior to enactment of arbitration and conciliation act, 1996 the law which held the filed on the subject of arbitration was the arbitration act, 1940. ..... in the said act, 1940, ordinarily an arbitrator had no power to decide on his own jurisdiction. ..... , (2002) 2 scc 388, the supreme court reconsidered the earlier three bench judgment on the question of nature of the order that is to be passed by the chief justice or his nominee in exercise of power under section 11(6) of the act and the remedy upon the person concerned if his request for appointment of arbitrator is turned down by the learned chief justice or his nominee for some reason or other. ..... his lordship observing as under :-'the question then is whether there is an arbitration agreement in these eases and the parties have agreed on the procedure for resolution of the disputes and one of the parties had failed to act, justifying my interference by appointing an arbitrator under section 11(6) of the act, i find that the contract entered into by the petitioner with the respondents if form f2 contract. ..... therefore, in our view even though a writ petition under article 226 of the constitution is available to an aggrieved party, ground available for challenge in such a petition is limited because of the alternative remedy available under the act itself.19. .....

Ms Hind Electric Co Through Its Proprietor Sri Sushil Kumar Singhania ...

Court : Jharkhand

..... has invoked the jurisdiction of hon'ble the chief justice in terms of section 11(6)(c)of the arbitration and conciliation act, 1996 for appointment of an arbitrator to adjudicate the dispute between the parties arising out of 5 agreements.6. ..... , which initiated the conciliation shall, within a period of 30 days of termination thereof shall give a notice, in the form prescribed by the bsnl, to the chief engineer, bharat sanchar nigam limited in-charge of the work or if there be no chief engineer, to the administrative head of the bharat sanchar nigam limited for appointment of an arbitrator to adjudicate the notified claims failing which the claims of the contractor shall be deemed to have been considered absolutely barred and waived. ..... also a term of this contract that no person other than a person appointed by such chief engineer, bharat sanchar nigam limited or the administrative head of the bharat sanchar nigam -3- limited as aforesaid should act as arbitrator and if for any reasons that is not possible the matter shall not be referred to arbitration at all. ..... final, binding and conclusive in terms of the contract, all disputes arising out of the notified claims of the contractor as aforesaid and all claims of the bsnl shall be referred for adjudication through the arbitration by the sole arbitrator appointed by the chief engineer, bharat sanchar nigam limited in-charge of the work or if there be no chief engineer, the administrative head of the bharat sanchar nigam limited. .....

Doncon Trade Centre Patratu Vs. Central Coalfield Ltd. and ors.

Court : Jharkhand

Reported in : 2005(2)ARBLR616(Jhar); 2005(1)BLJR558; [2005(2)JCR118(Jhr)]

..... the arbitration proceedings shall be in accordance with the arbitration act, 1940.'9. ..... , (2000) 8 scc, 151 the apex court while considering a similar question observed : 'sub-section (5) of section 11 can be invoked by a party who has requested the other party to appoint an arbitrator and the latter fails to make any appointment within thirty days from the receipt of the notice. ..... (3) failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act, as the presiding arbitrator. ..... ' (b) where the matters refer to in sub-sections (4), (5), (6), (7), (8) and (10) arise in any other arbitration, the reference to 'chief justice' in those sub-sections shall be construed as reference to the chief justice of high court within whose local limits the principal civil court referred to in clause (e) of subsection (1) of section 2, is situate and, where the high court itself is the court referred to in that clause, to the chief justice of that high court.' 7. .....

Ram Kamal Construction Co. Pvt. Ltd. Vs. State of Bihar and ors.

Court : Jharkhand

Reported in : 2001(49)BLJR2026

..... this appealunder section 39(i)(vi) of the arbitration act, 1940 thereinafter referred to as 'the act') has been filed against judgment/order dated 29.6.1999, passed by 3rd ..... a perusal of the award revealed that it was a non-speaking and unreasoned award.the main objection to the award was whether the arbitrator had misconducted in conducting the arbitration proceeding and had committed any error of fact in passing the award in question.a perusal of items 1 to 3 and 5 revealed that those claims were for damages and loss of profit founded on the breach of contract: in other ..... he did not act in a judicious manner objectively and dispassionately, which goes to the root of competence of the said arbitrator to decide the ..... opinion, it was certainly a case of non-application of mind amounting to legal misconduct and the arbitrator had misconducted the proceedings in the present case. ..... 1992, whereby award dated 2.11.1995 was set aside and the matter was referred to another arbitrator for fresh adjudication after hearing the parties and obtaining proposal for fresh arbitrator, in terms of agreement no. ..... clearly misconduct under section 30(a) of the act. ..... words, the appellant claimed compensation for breach of contract under section 73 of the contract act. ..... section 73 of the contract act provides that when a contract is broken, party, who suffers by such breach is entitled to receive from the party, who has broken the contract, compensation for any loss or damages caused to him thereby .....

Central Coalfields Ltd. Vs. T.M.S. Engineering and Construction Compan ...

Court : Jharkhand

Reported in : [2004(4)JCR437(Jhr)]

..... as mentioned in schedule a of the plaint come within the definition of mines under section 2(h) of the said nationalization act and as such they have vested in the central government free from all encumbrances and, thereafter, as or direction of the central government it stood transferred to coal mines authority limited, a government company and coal india limited and, thereafter, to the defendant-appellant and the plaintiff-respondent is not entitled to claim any compensation in respect thereof, it is alleged that ..... taken over by the central government as per provision of coal mines (taking over of management) ordinance 1973 on 31.01.1973 and custodian was appointed in respect thereof and subsequently it was transferred to coal mines authority limited and the said ordinance was repealed by the coal mines (taking over of management) act, 1973. ..... the claim of damages as per the award in the two arbitration proceedings contained in schedule h and h/l of the plaint has no co-relation with this case as it is a matter between the plaintiff-respondent and defendant ..... ordinance was repealed by the coal mines (taking over of management) act, 1973 and notwithstanding such repeal anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act. ..... mines (taking over of management) ordinance, 1973 was promulgated on 30,01.1973 which was subsequently repealed by the coal mines (taking over of management) act. .....

Ms Aahaa Planners and Developers Pvt Ltd Through Its Managing Director ...

Court : Jharkhand

..... the instant application has been preferred under section 11(6) of the arbitration and conciliation act, 1996 by the petitioner for appointment of the second arbitrator in terms of clause 29 of the agreement dated 13th september 2008 between the petitioner and the respondents as according to him, a dispute has arisen due to non performance of the terms of contract by the respondents. ..... in terms of section 12 of the arbitration and conciliation act, 1996 as amended by the amendment act 3 of 2016, both the arbitrators were required to file their declarations. ..... in substance, it is the case of the petitioner that on account of non performance of the reciprocal promise by the first party/respondents herein, an arbitrable dispute has arisen on refusal of the respondents to supply the necessary papers even after the notice dated 1st december 2016. ..... the arbitration proceedings be concluded in an expeditious manner thereafter keeping into account the statutory mandate prescribed under section 29a of the arbitration and conciliation act, 1996. ..... the respondents have also not appointed their own arbitrator even after receipt of the notice dated 1st december 2016 in terms of clause 29 and section 11(4) of the arbitration and conciliation act, 1996. ..... therefore, the dispute is alive and it is well within the period of limitation in terms of article 54 of the limitation act, 1963. ..... aahaa planners and developers private limited ..... .....

Ms Aahaa Planners and Developers Pvt Ltd Through Its Managing Director ...

Court : Jharkhand

..... the instant application has been preferred under section 11(6) of the arbitration and conciliation act, 1996 by the petitioner for appointment of the second arbitrator in terms of clause-29 of the agreement dated 13 th september 2008 between the petitioner and the respondents as according to him, a dispute has arisen due to non-performance of the terms of contract ..... is the case of the petitioner that on account of non-performance of the reciprocal promise by the first party/respondents herein, an arbitrable dispute has arisen on refusal of the respondents to supply the necessary papers even after the notice dated 1st december 2016. ..... required to submit the declaration -4- under section 12 of the arbitration and conciliation act, 1996 as amended by amendment act 3 of 2016. ..... to appoint their arbitrator despite 30 days' notice in terms of the provisions of sub-section(4) of section-11 of the act of 1996. ..... also not appointed their own arbitrator even after receipt of the notice dated 1 st december 2016 in terms of clause-29 and section 11(4) of the arbitration and conciliation act, 1996. ..... pleadings on record, specially the notice issued by the petitioner dated 1st december 2016 and the reply furnished by the respondents dated 8th december 2016, it is evident that an arbitrable dispute exists in respect of the agreement dated 13 th september 2008. ..... is alive and it is well within the period of limitation in terms of article 54 of the limitation act, 1963. ..... and developers private limited. .....

The State of Jharkhand, Through the Executive Engineer, Swarnrekha Mul ...

Court : Jharkhand

Reported in : AIR2006Jhar98; 2006(3)ARBLR307(Jhar); [2006(3)JCR334(Jhr)]

..... if the chief engineer fails to do so the contractor shall communicate to the chief engineer the name of one officer from the list, who shall then be the sole arbitrator, (emphasis supplied) the arbitration shall be conducted in accordance with the provisions of the indian arbitration act, 1940 or any statutory modifications, thereof. ..... , (ii) the parties are free to agree on a procedure for appointing the arbitrator subject to sub-section (6) of section 11, (iii) no judicial authority shall intervene except as provided in this part notwithstanding anything contained in any other law to the contrary, (iv) if the arbitrator is challenged and award to that regard is made, the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34; and (v) the arbitral tribunal may rule on its own jurisdiction including ruling on any ..... (b) where the matter referred to in sub-sections (4), (5), (6), (7), (8), and (10) arise in any other arbitration, the reference to 'chief justice' in those sub-sections shall be construed as a reference to the chief justice of the high court within whose local limits the principal civil court referred to in clause (e) of sub-section (1) of section 2 is situate and, where the high court itself is the court referred to in that clause, to the chief justice of that high court. 12. .....

Steel Authority of India Ltd. Vs. Pee Kay Enterprises Engineers and Co ...

Court : Jharkhand

Reported in : [2003(2)JCR169(Jhr)]

..... appeal under section 39 of the arbitration act, 1940 is directed against the judgment and decree dated 5.5.2001 passed by sub-judge, 1st bokaro at chas in title arbitration suit no. ..... appellant challenged the award by filing application under section 30 of the arbitration act for setting aside the award. ..... learned counsel submitted that the umpire has travelled beyond reference and committed serious error of jurisdiction in acting contrary to the contract inasmuch as under the arbitration clause of the agreement, the respondents was required to keep watch and ward till the monsoon could be ..... of 1998, whereby he has confirmed the award dated 16.2.1998 given by the arbitrator and rejected the application filed by the appellant under section 30 of the said act for setting aside the award.2. ..... it is well settled that when a court is called upon to decide the objection raised by a party against an arbitration award, jurisdiction of court is limited as expressly indicated in the case and it has no jurisdiction to sit in appeal examining the correctness of the award on ..... court below in my opinion rightly held that the court while considering the application under section 30 of the act could not re-appreciate the evidence and come to a different finding.8. ..... dispute was ultimately referred to the arbitrator for adjudication. ..... if the arbitrator or the umpire after considering the facts and the evidence takes a particular view and come to a finding then the court can not substitute its own .....