Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Court: mumbai Page 1 of about 8,381 results (0.119 seconds)

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the concept of special or local law under section 29(2) of the limitation act to hold whether the pcc would stand repealed by the limitation act by necessary implication in view thereof.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. .....

Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...

Court : Mumbai

Reported in : 2008(6)BomCR540

..... in my view sub-section (2) of section 85 of the arbitration act, 1996 is only a transitory provision and merely because the pending arbitration proceedings are saved from the application of the arbitration act, 1996, it cannot be said that the arbitration act, 1940 does not repeal by the arbitration act, 1996.19. ..... a counsel for the petitioners submitted that the arbitration act, 1940 was repealed and re-enacted by the arbitration act, 1996 and therefore reference to the arbitration act, 1940 in article 3 must be construed as a reference to the arbitration act, 1996 in view of section 8 of the general clauses act.16. ..... he submitted that though section 85(1) of the arbitration act, 1996 expressly repeals the arbitration act, 1940, sub-section (2) saves the arbitration act, 1940 to a certain extent. ..... counsel submitted that the provisions contained in part ii and part iii are totally new provisions and were not contained in the arbitration act, 1940 and, therefore, the arbitration act, 1996 cannot be construed as a repeal and re-enactment of the arbitration act, 1940 so as to attract the provisions of section 8 of the general clauses act. ..... it is only where the parties do not agree for the continuation of the previously instituted proceedings in accordance with the provisions of the arbitration act, 1996 that a limited provision has been made for saving the existing pending arbitration proceedings.18. ..... panther investrade limited) 2003(1) bom.c.r. .....

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

..... . from the aforesaid statutory provisions and precedents it is clear that way back in the year 1940 when the arbitration act 1940 (10 of 1940) was enacted, the code was also amended and sub- clauses (a) to (f) of section 104(1) of the code were deleted and that section 39 of the 1940 act is the only section which provides for an appeal ..... the legislative intent was thus very clear that the code will not deal with any matter in relation to the arbitration and precisely for this reason the legislative intent would be clear namely that the arbitration proceedings and all proceedings arising therefrom will be governed only by the arbitration act, 1940 which has been repealed and replaced by 1996 act. ..... gauranglal chaterji (supra) & it is held that the said provision is subject to the limitation contained in section 39 of the 1940 act. ..... prior to its omission, the said sub-section 2 read thus : "47(2) the court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court- fees. ..... . popular construction company (2001) 8 scc 47015, the supreme court had an occasion to consider the applicability of the provisions of section 5 of the limitation act, 1963 to an arbitration petition under section 34 of the 1996 act and the supreme court has observed thus in paragraphs 16 :- "16 .....

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

..... the arbitration act of 1940 itself was repealed by section 85 of the arbitration and conciliation act, 1996, hereinafter referred to as the `act'. ..... bill are as under:i) to comprehensively cover international commercial arbitration and conciliation as also domestic arbitration and conciliation;ii) to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration;iii) to provide that the arbitral tribunal gives reasons for its arbitral award;iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction;v) to minimize the supervisory role of court in the arbitral process;vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures ..... during the arbitral proceedings to encourage settlement of disputes;vii) to provide that every final arbitral award is enforced in the same manner as if it were a decree of the .....

ircon International Ltd. Vs. R.S. Jiwani

Court : Mumbai

Reported in : 2009(3)BomCR446; 2009(2)MhLj758

..... . in our opinion, the decision of various courts either on arbitration act, 1940 or the acts which were in the field before that, while considering whether the court has the power to modify the award in a petition filed under section 34 cannot be considered because under those enactments power was positively conferred on the court to ..... further to be seen here that arbitration act, 1996 has repealed the arbitration act, 1940 ..... by the said award, the learned arbitrator allowed in part fifteen claims and the claim for interest thereon to a limited extent and rejected the remaining claims and the petitioner's counterclaim.i have upheld the award in respect of ten claims, the claim for interest and in so far as it rejects ..... period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963), for the commencement of the proceedings (in-chiding arbitration) with respect to the dispute so submitted.when the award is set aside for the reasons other than merits, then it is open to the parties to the arbitration agreement, if arbitration agreement survives, to invoke the arbitration agreement and to have the matter ..... contingencies they can adopt other remedy that may be available to them and in that situation, either for adopting any other remedy or in initiating arbitration, the period spent during the earlier arbitration is liable to be excluded while computing the period of limitation .....

Manji Ramji Vs. H.M. Mehta and Co.

Court : Mumbai

Reported in : AIR1943Bom463; (1943)45BOMLR940

..... on the true construction of the arbitration act, 1940, it has no operation in respect of an award made before the act came into force. ..... has arisen, is that the arbitration act of 1940 came into operation on july 1, 1940, having received the governor general's assent on march 11, 1940, so that it came into operation before this award was filed, which, as i have said, was on december 5, 1940.4. ..... arbitration took place under the old arbitration act of 1899, and the two sections of that act, which are relevant for the present purpose, are section 11 and section ..... respondents that he had a definite right under the old act to file the award at any time, there being no limitation applicable under the old act, so that he had a right to file the award at any time, and thereupon to enforce it as a decree, and that that right is saved to him by section 6 of the general clauses act, 1897, which provides that where any central act made after the commencement of the act repeals any enactment hitherto made or hereafter to be made, ..... 1938, the award in question was made, and on august 6 notice was given to the parties of the filing of the award under section 11 of the indian arbitration act of 1899. ..... then section 37 provides that the provisions of the indian limitation act, 1908, shall apply to arbitrations as they apply to proceedings in court, and under that section, and the fourth schedule to the act, an award has to be filed within ninety days after the date of service of the notice of the making .....

inventa Fischer Gmbh and Co. Vs. Polygenta Technologies Ltd.

Court : Mumbai

Reported in : 2005(2)ARBLR125(Bom); 2005(2)BomCR364

..... now the arbitration act 1940 has been repealed. ..... in the case of national thermal power corporation referred to above, the supreme court after considering the provision of the arbitration act, 1940 held that, though the award was made at london, it had to be filed in indian court, because the 'proper law' was the laws in force in india ..... arbitration act, 1940, arbitration (protocol and convention) act, 1937 and the foreign act. ..... scheme of arbitration act appears to be to make the remedy for challenging an arbitral award provided by section 34 available only against a domestic award made under the provisions of part i of the arbitration act. ..... perusal of the scheme of the arbitration act shows that, part i of the arbitration act is divided into 10 chapters sections 2 to 6 are to be found in chapter i; sections 7 to 9 are to be found in chapter ii; sections 10 to 15 are to be found in chapter iii; section 20 is to be found in chapter v and section 34 is to be found in chapter ii ..... but the overriding principle is that the courts of the country whose substantive laws govern the arbitration agreement are the competent courts in respect of all matters arising under the arbitration agreement, and the jurisdiction exercised by the courts of the seat of arbitration is merely concurrent and not exclusive and strictly limited to matters of procedure. ..... in the submission of shri chinoy, the controversy before this court is concluded fully by the decision in the case of bombay gas company limited v. .....

Union of India Vs. M/S. R.K. Goel and Associates

Court : Mumbai

Reported in : 2000(3)BomCR666; 2000(3)MhLj616

..... case after considering section 85 read with section 21 the apex court has observed as under :---'a mere look to sub-section (2)(a) of section 85 shows that despite the repeal of arbitration act, 1940, the provisions of the said enactment shall be applicable in relation to arbitration proceedings which have commenced prior to the coming into force of the new act ..... time the learned judge proceeded to hold that section 14 of limitation act, 1963 would be applicable ..... that being the case as no notice has been received from this court as required under the rules framed, the petition filed by the petitioners is within limitation and consequently cannot be dismissed on that ground.referring to the judgment of the apex court in the case of thyssen stahlunion gmbh (supra) the learned counsel contends that the issue before the apex ..... of section 34(3) of the new act would apply the contention as raised on behalf of the respondents must be accepted and consequently petition must be dismissed being barred by limitation ..... seems that apex court while confirming the note did not take note the aspect of limitation.another submission on behalf of the petitioners is that even if the construction given to section 85(2) by the apex court is accepted, nonetheless the record must bear out that the parties proceeded in terms of the new act ..... these circumstances it is contended that the petition is barred by the law of limitation.learned counsel for that purpose relies on the judgment in the case of thyssen stahlunion .....

Jindal Drugs Ltd., Mumbai Vs. Noy Vallesina Engineering Spa, Italy and ...

Court : Mumbai

Reported in : 2002(3)BomCR554; 2002(2)MhLj820

..... now the arbitration act 1940 has been repealed, in the present case also, the 'proper law' is the laws in force in india and the award has been made in london. ..... learned counsel relies on the provision of sub-section (2) of section 2 of the arbitration act and submits that section 2(2) of the act is to be found in part-i of the act and lays down that the provision of this part shall apply where the place of arbitration is in india. ..... learned counsel, therefore submits that as the question whether a petition under section 34 of the act for challenging a foreign award which is governed by substantive law of india is maintainable under section 34 or not was not considered by this court in its judgment in the case of bombay gas company limited referred to above, that judgment is not relevant for deciding the question that falls for consideration in the present case.7. ..... insofar as the judgment, of the learned single judge in the case of bombay gas company limited (supra) is concerned, learned counsel submits that, in that case, the petition was filed not under the provisions of section 34 of the act but under the provisions of section 48 of the act and the question that the court was considering in that case was whether a petition for challenging thevalidity of a foreign award can be presented under section 48 of the act. .....

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court : Mumbai

Reported in : 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

..... bulchandani on section 85(2)(b) of the 1996 act to urge that even though the arbitration act, 1940 ('1940 act') stood repealed by the 1996 act, all rules made under the said enactment shall, to the extent they are not repugnant to the provisions of 1996 act, be deemed to have been made and issued under the 1996 act. mr. ..... it was also held that section 5 of the indian limitation act does not apply to the proceedings under the arbitration act and cannot, therefore, be invoked.15. ..... bulchandani relied upon pertain to the inter-play between the provisions of the civil procedure code, limitation act, 1963 and the provisions of the 1940 arbitration act. ..... it is urged that as with regard to the application made for impleading haresh melwani as a party to the arbitration petition no specific period of limitation has been prescribed under the third division of the schedule to the limitation act, 1963, the period of limitation would be the one provided by the residuary article (article 137), which is a period of three years. ..... this was a case arising under the 1940 act, and relying on the provisions of section 37(1) in the 1940 act, it was held that the provisions of the indian limitation act, 1908 would apply to arbitration as they apply to proceedings in the court and that, arbitration proceedings having been placed on the same footing as proceedings in the court, all the provisions including section 3 of the limitation act are attracted to arbitration proceedings. .....