Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Page 4 of about 21,229 results (0.141 seconds)

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section 29(2) of the limitation act 1963 are read together, it becomes clear that the only law of limitation that is repealed is the limitation act, 1908, and all other laws dealing with limitation, special or local are saved and are to be read into the limitation act, 1963.14.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consideration in these two appeals is whether the provisions of the portuguese civil code relating to limitation stand repealed by the limitation act, 1963, by necessary implication, or whether they are saved by section 29(2) of that act.6.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. .....

Hindusthan Flash Light Mfg. Co. Ltd. Vs. Great American Insurance Co. ...

Court : Kolkata

Reported in : AIR1963Cal149

..... of the arbitration act 1940 amended sections 158 and 178 of the indian limitation act and made those articles applicable to certain proceedings under the arbitration act. ..... though this application may not be time-barred under article 181 of the limitation act, nevertheless, having regard to section 37(2) of the indian arbitration act, the arbitration proceedings sought to be revived would be absolutely useless. ..... section 37 of the arbitration act makes the provisions of the indian limitation act applicable to proceedings under the arbitration act ..... 440:'the arbitration act does not specifically provide for any period of limitation within which an application under section 33 of the arbitration act has got ..... section 37 of the indian arbitration act reads as follows:'37 (1) all the provisions of the indian limitation act, 1908, shall apply to arbitrations as they apply to ..... pradesh : air1959all493 , a division bench of the allahabad high court held that article 181 of the limitation act applies to applications under section 20 of the indian arbitration act. ..... but since the passing of the arbitration act in 1940 it is difficult to say that article 181 is confined to applications under the code ..... point out that the effect of sections 2 and 4 of the repealing and amending act, 1945 is to preserve the said amendments of the indian limitation act.in my opinion, the position now is that article 181 of the indian limitation act governs applications under section 33 of the indian arbitration act. .....

Megha Enterprises and Etc. Etc. Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K16

..... this position stood ground till the central legislature enacted the indian arbitration act, 1940 and amended articles 158 and 178 of the limitation act, 1908. ..... 1908 in the second schedule to the limitation act, could not in the absence of amendment be construed as a reference to the arbitration act, 1940. ..... kotwal's other contention that since section 37 of the arbitration act makes the limitation act applicable to all arbitrations, article 181 of the limitation act should be deemed to apply to applications under the arbitration act is misdirected. ..... he also referred to section 37 of the arbitration act of 1945 which applies provisions of the j&k; limitation act to 'arbitrations as they apply to proceedings in court' and submitted that the word 'arbitrations' should be interpreted to include an application made to the court under section 20 of the arbitration act.12. ..... section 37 of the arbitration act provides :'all provisions of the jammu and kashmir limitation act shall apply to arbitrations as they apply to proceedings in the court. ..... in the premises we hold that article 181 of the state limitation act, 1938, does not govern and is not applicable to applications filed under the special acts including the applications under section 20 of the arbitration act and is limited to application under the code of civil procedure only. ..... while all this was going on the parliament enacted the central limitation act, 1963, repealing the old act of 1908. .....

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'. .....

Indian Railway Catering & Tourism Corporation Ltd vs.a K Roy

Court : Delhi

..... reference may also be made to the arbitration and conciliation act, 1996 which has repealed the arbitration act of 1940 and which seeks to achieve the twin objectives of obliging the arbitral tribunal to give reasons for its arbitral award and reducing the supervisory role of courts in arbitration proceedings. ..... regarding the second issue, namely, as to whether there were extenuating circumstances beyond the control of the respondent for his non- performance, the learned arbitrator noted the pleas of the respondent, namely, that the services were commenced on 3.11.2008 for which all arrangements were mobilised by the respondent. ..... section 31(3) of the arbitration act reads as follows:-" section 31(3) (3) the arbitral award shall state the reasons upon which it is based, unless (a) the parties have agreed that no reasons are to be given, or (b) the award is an arbitral award on agreed terms under section 30. 15. ..... victor cable industries limited and submitted that where the arbitrator has referred to facts of the case and has noticed some reasoning which in view of arbitrator was sufficient to arrive at conclusion for granting relief, award cannot be stated to be unreasoned. ..... a perusal of the award would show that the award gives limited reasons for the conclusion of facts. ..... page 7 of 15 brothers private limited vs. .....

Mku ltd.previously Known as M/S Mku Pvt. Ltd. Vs.union of India

Court : Delhi

..... reference may also be made to the arbitration and conciliation act, 1996 which has repealed the arbitration act of 1940 and which seeks to achieve the twin objectives of o.m.p. ..... reliance is placed on the response of the respondent to the petition filed by the petitioner under sections 14 and 15 of the act for termination of the mandate of the old arbitrator where the respondent are said to have admitted that due o.m.p. ..... the present petition is filed under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) seeking to set aside the impugned award dated 10.03.2017 passed by the learned arbitrator.2. ..... section 31(3) of the arbitration act reads as follows:-" section 31(3) (3) the arbitral award shall state the reasons upon which it is based, unless (a) the parties have agreed that no reasons are to be given, or (b) the award is an arbitral award on agreed terms under section 30. 21. ..... victor cable industries limited and submitted that where the arbitrator has referred to facts of the case and has noticed some reasoning which in view of arbitrator was sufficient to arrive at conclusion for granting relief, award cannot be stated to be unreasoned. ..... the supreme court in anand brothers private limited vs. .....

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. .....

Rajan Kumar Verma and anr. Vs. Sachchidanand Singh

Court : Patna

..... on the other hand, learned counsel for the plaintiff-opposite party has submitted that, the act of 1940 was repealed by section 85 of the act of 1996 and according to the said section the act of 1940 can be made applicable only to those proceedings, which were pending from before the said repeal and that too when both the parties agreed to it, but in the instant case admittedly the agreement in question was executed in the year 2000 i.e. ..... furthermore, in the earlier enactment of 1940 the power of court to appoint arbitrator was limited to a few instances only but in the new act of 1996 the power of judicial authority was widened and the courts were empowered to refer the parties to arbitration, in all circumstances, with the only rider that an arbitration clause is included in the agreement.13. ..... learned counsel for the petitioners also averred that the petitioners appeared and filed their written statement along with petition for referring the matter to the arbitrator under the aforesaid provision of section 8 of the act of 1996, which was rejected by the impugned order, although there is no finding that there is no arbitration clause and hence if there is such a clause, then the matter has to be referred to the arbitrator, as no such limitation of time was prescribed in the agreement in question. .....

News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.

Court : Andhra Pradesh

Reported in : 2009(4)ALT657

..... supreme court in these two leading authorities was with reference to the provisions of the arbitration act, 1940 (1940 act, for brevity). ..... paragraphs 13, 14 and 15 to which the attention of this court has been drawn would show that the disability by virtue of section 33 of 1940 act, on the part of the arbitrator has been removed by section 16 of 1996 act, but when a question is raised that there is no arbitration clause at all, the jurisdiction of the chief justice is not excluded by section 16 of the 1996 act. ..... respondents throws up an interesting question for consideration as to whether chief justice of high court or the judge nominated by him, in exercise of powers under section 11(6) of arbitration and conciliation act, 1996 (1996 act, for brevity) can refer the dispute to arbitrator for resolving the dispute arising out of an agreement, which is allegedly null and void.2. ..... accordingly repealing 1940 act, 1996 act, which also includes provisions of conciliation, was ..... limited : 2005 (7) scj 461 : (2005) 8 scc 618 : air 2006 sc 450 : 2005 (6) alt 37.1 (dn sc), section 11 of 1996 act overrides section 11(6) thereof and therefore, the question comes within the jurisdiction under section 11(6) of 1996 act ..... settled that any decision of supreme court interpreting the law, which has been repealed by the new enactment cannot be treated as declaration of law with reference to new act unless and until the repealing act contains explicitly and impliedly a similar provision in repealed act. .....