Court : Orissa
Reported in : AIR2008Ori12; 2008(1)ARBLR330(Orissa); 104(2007)CLT454
..... to the aforesaid provisions of the indian arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder shall apply to the arbitration proceedings.10. ..... thus in view of the above findings, the application filed under section 8 of the arbitration and conciliation act is allowed and since the dispute under the suit have already been raised by the parties before the arbitrator, the present suit need to be stayed till finalization of the arbitration proceedings.accordingly, the impugned order dated 19.12.2005 passed by the learned 2nd ..... /319 of 2004/1995 rejecting an application of the petitioner under section 8 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') to stay the further proceedings of the suit as the dispute is already under the arbitration proceeding between the parties.2. ..... such incorporation of arbitration clause to a subsequent contract is statutorily recognized in the new act under section 7(5) of the act.the learned court below has not considered the documents filed by the petitioner from its proper prospective and exercised its jurisdiction with material ..... present petitioner-defendant after receiving notice of the suit appeared and before taking any steps in the proceeding filed an application under section 8 of the act on 21.6.2002 with a prayer to stay the money suit as arbitration proceeding is pending between the parties and the same dispute is the subject matter of the money suit. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori98
..... of the arbitration act, 1940.9. ..... the arbitrators appointed as above refused to act as arbitrators, withdraws from his office as arbitrator, or vacates his/ their office/ offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the general manager fails to act without undue delay, the general manager shall appoint new arbitrator/arbitrators to act in his /their place in the same manner in which the earlier arbitrator/arbitrators had been ..... in paragraph 10 at page 6 of the counter affidavit which has been filed by the opposite parties it has been stated that the letter of the petitioner requesting appointment of the arbitrator given on 4-10-2005 was received by the opposite parties on 7-10-2005 and thereafter within sixty days the general manager by his letter dated 25-11-2005 gave a list of four names out ..... learned counsel for the petitioner has relied on clause 64(3)(a)(v) of the general conditions of contract wherein it has been stated that while appointing arbitrator(s) due care shall be taken that he/they is/are not the one of those who had an opportunity to deal with the matters to which the contract relates or who in the course ..... the present act, section 16 takes care of the situation and under section 16 of the act, the question of jurisdiction can be raised before the arbitral tribunal and the arbitral tribunal is ..... the allahabad high court in the case of fertilizer corporation of india limited v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2011Ori61; 109(2010)CLT623,2010(I)OLR647
..... section 9 of the act, it appears that the said provision can be invoked by a party, before, or during arbitral proceedings or at any time after the making of the arbitral award and only restriction imposed in the said section is that the provision can be invoked before the award is enforced in accordance with section 36 of the act ..... arbitration act, no procedure has been prescribed for return of the application nor is the cpc applicable in a strict sense to the arbitration ..... the petition filed by the petitioner under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the act') to present the same in a ..... the word 'court' mentioned in section 9 as defined in section 2(1 )(e) of the act, means the principal.civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such ..... these presents or the operation thereof or the rights, duties or liabilities of either party thereof, then and in every such case the matter, differences in disputes shall be referred to an arbitrator in kolkata, west bengal, india in accordance with and subject to the provisions of the arbitration and conciliation act, 1996, or any other enactment or statutory modifications thereof for the time being in force. .....
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR706
..... coming to the question of contention raised by the learned counsel for the petitioner that this a case of civil in nature, for which an arbitration proceeding has been initiated, and for a matter like this, a criminal case should not be initiated, this court relies on the reported decision ..... the matter arises out of a contract, which is purely civil in nature for which an arbitration proceeding has been initiated, and in such dispute a criminal case should not have been initiated nor the magistrate should have taken cognizance of the offence under section 420, i.p.c. ..... this court on 03.02.2010 and it was listed on 04.02.2010 in view of the fact that the hon'ble supreme court has given a time limit to dispose of the application within three months. ..... act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property is said to cheat.in explanation to the section it is provided that a dishonest concealment of facts is a deception within the meaning of this section ..... the following ingredients are necessary to attract section 415 of the lpc:(i) deception of any person;(ii) (a) fraudulently or dishonestly inducing that person;(iii) to deliver any property to any person; or(iv) to consent that any person shall retain any property;or(iv) intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived; and which act or omission causes or is likely to cause damage or harm to that person in body .....
Tag this Judgment!Court : Orissa
Reported in : [1992]198ITR507(Orissa)
..... cit : [1991]192itr534(orissa) ) disposed of on june 28, 1991, wherein it has been decided that the claim made before the arbitrator ripened into a right for the first time when the award was made. ..... the following questions have been referred to this court under section 256(1) of the income-tax act, 1961 (in short 'the act '), by the income-tax appellate tribunal, cuttack bench (in short ' the tribunal ') :' (1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the interest amount of rs. ..... for the assessment year 1980-81, the assessee did not execute any contract work but received certain amounts as a result of an arbitration award relating to the contract work executed in the earlier years. ..... senapati and partners (hereinafter referred to as the 'assessee') for execution of contract works executed by it and the interest received on the basis of an arbitration award.3. ..... the following amounts were awarded by the arbitrator : rs. .....
Tag this Judgment!Court : Orissa
Reported in : [1974]93ITR102(Orissa)
..... under section 7 of the orissa act, the dispute was referred to arbitration and the arbitrator ultimately determined the compensation on the basis of the law laid down in the case of state of orissa v. ..... learned standing counsel contended that the decree made by the court on the reference under section 18 of the land acquisition act, the decree of the high court in appeal and the decree ultimately made by the .supreme court were events which cannot be lost sight of and those decrees formed the real base for the decision of ..... ) dealing with this aspect, their lordships have stated:' while considering the case law it is necessary to bear in mind that the indian income-tax act is not in pari materia with the british income tax statutes, it is less elaborate in many ways, subject to fewer refinements and in arrangement and language it differs greatly from the provisions with which the courts in england ..... in the circumstances, the right to receive interest at the rate prescribed under section 34 of the land acquisition act, 1894 (1 of 1894), was already vested in the assessee and the interest was payable though the actual disbursement could not have been made until final quantification of compensation by the arbitrator.22. mr. ..... on such basis, the proportionate income during each year falls below the taxable limit and, therefore, the assessee had no liability under the act, either to make a return or suffer an assessment.16. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT481
..... this writ petition is, therefore, disposed of with the above observation giving liberty to the petitioner to raise a dispute under section 68 of the act before the appropriate authority & if such a dispute is raised, the same shall be arbitrated/adjudicated by the competent authority by taking into consideration all the grounds which have been raised bv the petitioner before this court. ..... a bare reading of the above provision of the act clearly goes to show that the petitioner is entitled to raise a dispute under the said provision before the appropriate authority claiming his dues against the society & during adjudication of such dispute, it is upon for the arbitrator to go into the question as to whether the dues under the vrs are required to be adjusted or the same shall be construed as retiral dues &, therefore, would be attached with an immunity from being ..... dispute which may be referred to arbitration (1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or the business of a society, other than a dispute required to be referred to the tribunal & a dispute required to be adjudicated under the industrial disputes act, 1947 shall be referred to registered if the parties thereto are among the following, namely:(a) the society, its committee, past committee, any past present officer or office .....
Tag this Judgment!Court : Orissa
Reported in : 21(1955)CLT521; [1956]7STC36(Orissa)
..... on the death of a shareholder a deduction of income-tax payable on the profits made by the company during the financial ye,ar could be claimed and it was held that the liability of the company referred to in sub-section (1) of section 50, finance act of 1940 meant the legal liability actually existing at law and not a prospective liability. ..... this procedure was found to be cumbersome and ultimately section 38 (2) was inserted in the interpretation act of 1889 which provided that a repeal, unless a contrary intention appears does not affect the previous operation of the repealed enactment, or anything duly done or suffered under it, and any investigations legal proceedings or remedies may be ..... in other words it was not necessary that the sale should actually take place within the territorial limits of the state in the sense that all the ingredients of a sale should have territorial connection ..... as he then was, in which his lordship observed that the president could have repealed the press emergency powers act 'and brought the law 19 accordance with the provisions of part in of the constitution,' and if he had used the powers of repeal given to him by thisarticle the provisions of the general clauses act would havebeen immediately attracted to the situation and the pending prosecution of the appellant would have to be continued in view ..... thus arbitrators, committees of clubs and the like though they may be tribunals exercising judicial functions are not 'courts' in this sense .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR597
..... learned arbitrator held that when the dispute arose between the parties, the arbitration and conciliation act, 1996 had not come into force and the parties were covered under the arbitration act, 1940 which did not prescribe any period of limitation. ..... in view of the above, i am of the considered opinion that no objection having been raised at the time of appointment of an arbitrator, and the learned arbitrator having decided the question of irritation in favour of the respondents by applying section 14 of the limitation act, there is hardly any scope of this court to sit in appeal over the award and take a decision otherwise.9. ..... as discussed in para-5, learned arbitrator has taken note of the grounds of limitation in its award and applying section 14 of the limitation act held that the petition filed for appointment of an arbitrator was within the period of limitation. ..... learned counsel further submitted that since the records clearly indicate that the application filed for appointment of an arbitrator was beyond the period of limitation, learned arbitrator should not have passed an award in favour of the claimant-respondent and this being against the law, this court can entertain the same in an application under section 37 of the act.miss sabitri ratho, learned counsel appearing for the claimant-respondent submitted that after the appellants offered .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori230
..... appointment of an arbitrator in exercise of power tinder section 8(2) of the arbitration act, 1940 (in short 'the act') is the subject-matter of these two civil revisions which arise out of two orders in the ..... contract that no person other than a person appointed by such managing director or administrative head of the corporation as aforesaid should act as arbitrator and, if for any reason, that is not possible, the matter is not to be referred to arbitration at all.the costs and venues of arbitration shall be at the discretion of the arbitrator.subject as aforesaid the provisions of the 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 ..... that the trial court was justified in appointing the arbitrator under section 8(2) of the act and no question of jurisdiction is involved in this case ..... can appoint an arbitrator under section 8(2) of the act or may refer the disputes to an arbitrator under section 20 of the act. ..... , no objection is taken in the court that it is not possible for any reason for the arbitrator appointed by the managing director to act, court can presume that such a term has been ignored by the party to the contract whose inaction is subject-matter of consideration of the court and, therefore, it is to exercise the power under section 8(2) of the act.8. ..... 1 filed under section 8(2) of the act and held that an arbitrator is to be appointed for adjudication of the dispute .....
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