Judgment Search Results Home > Cases Phrase: arbitration act 1940 repealed section 37 limitations Sorted by: old Court: mumbai Page 1 of about 8,427 results (0.080 seconds)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the concept of special or local law under section 29(2) of the limitation act to hold whether the pcc would stand repealed by the limitation act by necessary implication in view thereof.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 a counsel for the petitioners submitted that the arbitration act, 1940 was repealed and re-enacted by the arbitration act, 1996 and therefore reference to the arbitration act, 1940 in article 3 must be construed as a reference to the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. .....

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 .....

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 .....

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 .....

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 .....

Umadutt Nemani Vs. Chandrao G. Kadam

Court : Mumbai

Reported in : (1946)48BOMLR675

..... he can come to the court, and, as it were, point out to the court the grounds on which the court should set aside the award itself under the powers reserved in the earlier part of section 17, would mean, for all practical purposes, repealing article 158 of the indian limitation act as now amended, and the only way 1 can make that article and the generality of the arbitration act to fit into a coherent whole is by supposing that these words ..... article 158 of the limitation act, as amended by the indian arbitration act of 1940, provides a period of thirty days from the date of the service of the notice of the filing of the award for an application to set aside an award or to get the award remitted for ..... is an application for judgment in terms of an award made under section 17 of the indian arbitration act, 1940. ..... ' whoever drafted the arbitration act of 1940 must have been conversant with the provisions ..... notice that no part of the indian penal code is repealed by the act of 1940. ..... however, in considering the material sections, i am entitled to take into account what the law before 1940 was, what were its defects which the legislature has attempted to remedy by the arbitration act of 1940, and if, and so far as the language used permits, i may and should then consider the act in such a way as to make the proposed remedy ..... it appears, however, in section 31 and the subsequent sections which are, for the most part, new matters introduced by the 1940 act, that the word 'award' includes a bogus .....

Ramanlal Prabhudas Shah Vs. Commissioner of Income-tax, Bombay North

Court : Mumbai

Reported in : [1957]31ITR924(Bom)

..... we will therefore answer the first question : 'under section 10'; the second question in the affirmative; the third question does not arise. 5. ..... in that case we have considered the scheme of the act and after careful consideration of all that was urged by counsel before us we held that when in the case of a registered firm the profits of the firm are allocated to the various partners, that income of the partner is income from business and falls under section 10 and not under section 12. ..... 18,000 because under the first proviso to section 24 (1) it is stated : 'provided that in computing the profits and gains chargeable under the head 'profits and gains of business, profession or vocation, any loss sustained in speculative transactions which are in the nature of a business shall not be ..... now, the view taken by the tribunal is that the income from speculative profits which came to the share of ramanlal was income which fell under section 12 of the indian income-tax act. .....

S.N. Srikantia and Co. Vs. Union of India and anr.

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. .....

M/S. Reshma Constructions Vs. State of Goa

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. .....