Court : Mumbai
Reported in : AIR1967Bom347; (1966)68BOMLR586
..... the principal question which has been raised in this notice of motion is as to whether the court under section 29 of the arbitration act, 1940 has power to grant interest on the principal sum adjudged by an award from the date of the award onwards till the p passing of the decree in terms of the award and this question undoubtedly depends upon true and proper construction of section 29, which occurs in chapter v containing general provisions applicable to all kinds of awards runs as follows:'29 ..... on the other hand contended that while enacting the arbitration act when the parliament thought of repealing the provisions of any other law it did so by enacting section 49 in the act and the said section read with 3rd and 4th schedules to the said act (before section 49 itself was repeated by act v of 1949) clearly indicated what statutes were repealed either wholly or partially and the interest act of 1839 was not mentioned therein. ..... urged that the award was a written instrument where under a sum adjudged was payable by the defendants to the plaintiffs forthwith, inasmuch as no time limit was specified and the umpire had merely directed that the defendants 'do pay to the claimants' the said sum. ..... use which a court can make of the legislative history of an enactment, the statement of objects and reasons, which led to the p passing of the enactment and even the speech made by a sponsor of a bill is very limited and these matters cannot be brought in as aids to construction of the statute. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2907; 2008(2)ARBLR499(SC); 2008(4)AWC3454(SC); (2008)217CTR(SC)305; JT2008(7)SC98; 2008(7)SCALE703; (2008)11SCC267; 2008AIRSCW4888; 2008(4)CivilLJ119; 2008(4)Supreme480
..... the decision of the arbitrators and failing an agreed decision by them, the decision of the umpire shall be final and binding on the parties thereto.the arbitration proceedings shall be held in accordance with the provisions of the indian arbitration act, 1940 and the rules made thereunder as amended ..... within thirty(30) days of the receipt of the notice of any dispute, each party shall appoint an arbitrator and such arbitrators shall appoint an umpire before they enter upon the reference and not later than one month from the latest ..... [1988]173itr155(bom) and noticed that the said judgment had taken the view that the notification dated 31.3.1983 making the indian income tax act applicable to personnel working within the continental shelf had no retrospective effect and that it would not apply to assessment year 1983-84 (accounting year ..... 31st march, 1983 the government of india issued a notification in exercise of powers conferred by section 6(6)(a) and 7(7)(a) of the territorial waters, continental shelf, exclusive economic zone, and other maritime zones act, 1976 extending the provisions of the 1961 act to the continental shelf and exclusive economic zone of india with effect from 1st april, 1983 ..... to dispose of these appeals are recapitulated as under:on 2nd march, 1983, the appellant, oil and natural gas corporation limited entered into an agreement with the respondent, atwood oceanic international, s.a. ..... by this court is extremely limited in a case of this ..... the limit of .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3558
..... and others, 1962 (2) scr 551, while considering the requirements of service of notice under section 14 of the act opined :'sub-section (1) of section 14 of the arbitration act, 1940 (act x of 1940) requires the arbitrators or umpire to give notice in writing to the parties of the making and signing of ..... issued by the arbitrator under section 14(1) of the act or the date of obtaining an endorsement of the award by the arbitrator from the party concerned is irrelevant for determining the question of limitation for filing objections under article 119 (b) of the limitation act, 1963.'18. ..... :'in view of the settled law and our discussion above, our answer to the question posed in the opening part of the judgment is that the period of limitation for filing objections seeking the setting aside of an arbitration award commences from the date of service of the notice issued by the court upon the parties regarding the filing of the award under section 14(2) of the act. ..... appearance and either through an application in writing or orally sleets time to file objections to the award, shall be deemed to be the date of service of the notice within the meaning of sub-section (b) of section 119 of the limitation act read with section 14(2) of the act.'21. ..... it is upon the date of service of such notice the period of limitation begins and as at present under clause (b) of article 119 of the act, the limitation expires on the expiry of the 30 days of the service of that notice for an application for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP14
..... baldeosing, air 1957 nag 57 wherein it is held that section 5 of the limitation act does not apply to the proceedings under arbitration act 1940 and therefore it cannot be invoked in extending time for filing application to set ..... the arbitration act has made a reference to the provisions of the limitation act, 1908 and when 1908 act has been substituted by 1963 act by repeal the new provisions of 1963 act are ..... counsel for the respondent echoed that the applicability of the decision of the madras high court in : air1953mad561 (supra) is not affected by the repeal of the provisions of the instrument, 1908 and the impact of the said decision is not denuded in any way by substitution of the new ..... 8 (1) applies and the repeal and re-enactment of the provision referred to or cited has the effect set out in that section and the reference to the provision repealed is required to be construed as reference to the ..... section 8 of the general clauses act provides that in the event of reference to any other enactment or provision it must be constructed that the reenactment provisions pursuant to repeal or otherwise will apply unless different intention can be spelt out from the provisions ..... but in a case of a reference to a provision or enactment the subsequent amendment or substitution by way of repeal or otherwise must be implied to have been the part of the present statute as the reference refers to only the provision as such and implies the applicability of the provision as amended from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD213; 2002(1)ALT49
..... the next issue that was urged by the learned counsel for the 2nd respondent is that the award was not filed by the arbitrator into the court, as contemplated under the provisions of section 14 of the arbitration act, 1940. ..... though in this case an application was filed under section 17 of the arbitration act, it was held that such an application would not attract article 178 of the limitation act (old limitation act). ..... in fact, even an application under section 151 cpc was also not filed by the petitioner to get the award filed, as contemplated by the calcutta high court.further, in the light of the above view contentions were advanced by the learned counsel for the respondents in the op to bypass the provisions under the arbitration act as welt as the limitation act and to make a decree in terms of the arbitration award. ..... the existence and validity of the arbitration agreement, therefore, may be challenged by an application under section 33 even though an award on the basis of the supposed arbitration agreement has been made, and even though an application under section 33 is made after the expiry of the time prescribed under the limitation act.this issue was also considered by the calcutta high court in the case of hiralal pannalall v. ..... accordingly, the application made by the applicant must be held to be made under section 14 of the arbitration act and article 119 (a) of the limitation act was attracted in the facts of the case. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)BomCR837; 1999(1)MhLj462
..... - (1) the arbitration (protocol and convention ) act, 1937 (vi of 1937), the arbitration act, 1940 (x of 1940) and the foreign awards (recognition and enforcement) act, 1961 (xlv of 1961) are hereby repealed. ..... sections 33 and 34 of the new act further provides limitation period for taking recourse under said sections from the date of receipt of the copy of such arbitral award. ..... both the sections clearly refer to the statutory period of limitation for taking further steps by the parties from the date of receipt of the arbitral award. ..... the parties are however free to exercise their option available under sections 33 and 34 of the new act within the period of limitation prescribed under the said provisions, subject to exemption of period from 7-9-96 till today, as observed above. ..... moreover, the said application, if filled now, would be certainly barred by law of limitation in terms of the provisions contained in section 34(3) of the new act, but for the benefit being extended to the respondent in terms of section 14 of the limitation act, 1963. ..... in the facts and circumstances, the period spent from 7-9-96 till the date of this judgment is necessarily to be excluded for the purpose of calculation of the limitation period under section 33(1) and/or section 34(3) of the new act in case the respondent prefers to take recourse under sections 33 or 34 of the new act.13. .....
Tag this Judgment!Court : Delhi
Reported in : 2003(2)ARBLR346(Delhi); 105(2003)DLT837; 2003(71)DRJ719; [2003]46SCL18(Delhi)
..... 1124-a/1992 'this petition has been preferred by the petitioner, m/s uni bros under section 14 & 17 read with section 27 of arbitration act, 1940 against the maha nagar telephone limited. ..... /2001 under order xxi rule 26 and 29 read with section 151 of the cpc and section 41 of the arbitration act, 1940 for stay of the execution proceedings. ..... 266a of 2001, filed under sections 14 to 17 of the indian arbitration act 1940 for the issuance of directions to the arbitrator to file his award dated 29.12.2000 along with the entire proceedings, is ..... /2001, under sections 14 and 17 of the indian arbitration act, 1940 praying for the issuance of appropriate directions to the arbitrator to file his award along with the arbitral records. ..... of 2001 on 5.9.2001 praying therein that the award dated 29.12.2000 may be set aside/quashed on the ground set forth in sections 30(a) and (c) read with section 33 of the arbitration act 1940. ..... 5.9.2001 mtnl filed objections against the award dated 29.12.2002 praying therein that the said impugned award may be set aside/quashed on the grounds set forth in section 30(a) and (c) read with section 33 of the arbitration act (x of 1940). ..... enunciated in the judgments show as to when a right accrues to a party under the repealed act. ..... further, the ghost of the repealed statute would have encountered only an unsuccessful exorcism despite the perspicuous judgment of the apex court in thyssen stahlunion gmbj vs ..... calls for strict construction, it being a repealing provision. .....
Tag this Judgment!Court : Delhi
Reported in : 2004(1)ARBLR456(Delhi); III(2004)BC63; 2004(73)DRJ506
..... in order to decide the said issue, one has to take notice of the provisions of section 85 of the arbitration and conciliation act, which are the provisions of repeal and savings of the arbitration act, 1940 and other connected acts. ..... section 85(2)(a) of the arbitration and conciliation act provides that the provisions of arbitration act, 1940 would apply in relation to arbitral proceedings which commenced before the arbitration and conciliation act came into force, unless otherwise agreed to by the parties. ..... the aforesaid provision clearly establishes that a suit can be instituted in a court within the local limits of whose jurisdiction the defendant or each of the defendants where there are more than one, actually and voluntarily resides, or carries on business, or personally works for gain or in a court within the local limits of whose jurisdiction the cause of action in whole or in part arises. ..... , every suit shall be instituted in a court within the local limits of whose jurisdiction - (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (b) any of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj93; 1997(2)WLC203; 1997(1)WLN56
..... . verkey mathur, air 1978 kerala 208, so long as the question relates to the setting aside of the award under the arbitration act, 1940, for whatever reasons that may be asked for and the same be covered either by section 30 or section 33 of the act, the provisions of article 119(b) of the limitation act, 1963 (corresponding to section 158 of the limitation act, 1908) are at once attracted as it contains no qualification and as it is specific in terms and such objections must, therefore, be filed within 30 days of the service of the notice of ..... . presently, as is to be concluded hereinafter, the provisions of article 119(b) of the limitation act cover the objections' purporting to be filed under section 30 as well as section 33 of the arbitration act and hence the appellant having filed all such objections, be those under section 30 or section 33 of the act, they ought to have been filed, under article 119(b) of he limitation act, within 30 days from the date of service of notice under section 14(2) of the arbitration act, 1940, on 21-2-1981, and instead the objections were filed as late as on 3-4-1981 ..... . as regards award of interest upon the date of institution of arbitration proceedings, there was, earlier, provision in the interest act, 1839 and on its subsequent repealment, in the interest act, 1978 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(103)ELT16(MP)
..... however, looking to the limited controversy involved in this petition and the connected petitions, in the considered opinion of this court, no useful purpose would have been served by keeping all these petitions pending as the question involved in these petitions appears to be ..... according to him the order is in conformity with the provisions contained in section 35f of the central excise act, 1944.5. .....
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