Court" as elucidated in Section 2(c) of the Arbitration Act, 1940, meant "a civil court" having jurisdiction to decide the questions ... Act would, therefore, be necessarily attracted in relation to an application under Section 34 .
9. Section 31(4) of the Arbitration Act, 1940, was couched
cases under the Arbitration Act of 1899 cannot afford a good guidance in respect of the cases under the Arbitration Act 1940.
18. The power ... Act, 1940 is absent under the present Arbitration Act, 1996 . Section 15 of the Arbitration Act, 1940 reads as follows :-
"15. The Court
learned counsel for the appellant that arbitration proceedings in the case would be governed by the Arbitration Act, 1940 , as such, learned District Judge ... refusal to act within the meaning of section 8 and this section.
10. The Section 9 of the Arbitration Act, 1940 applies in a case
learned counsel for the appellant that arbitration proceedings in the case would be governed by the Arbitration Act, 1940 , as such, learned District Judge ... refusal to act within the meaning of section 8 and this section.
10. The Section 9 of the Arbitration Act, 1940 applies in a case
that the Arbitration and Conciliation Act, 1996 , has been enforced from 25.1.1996 and the Indian Arbitration Act, 1940 , has been repealed. Therefore, the suit ... Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act"). By Clause (1) of Section 85 , the Indian Arbitration Act, 1940
making and publishing the award. The arbitration proceedings shall be in accordance with the Arbitration Act 1940."
11. Even otherwise, Section ... which the Arbitration Act, 1990 applies. The question therefore arises in this case is as to whether the Arbitration Act 1940 applies in this case
Act No. 26 of 1996, the proceedings could be continued and disposed of under the provisions of Indian Arbitration Act of 1940 (hereinafter called ... Act. However, if the provisions of new Act are not applicable and the provisions of old Act viz., the Arbitration Act, 1940 were applicable, then
under Sections 8 and 20 of the Arbitration Act De dismissed.
5. Section 8 , Arbitration Act, 1940, provides for the appointment of an arbitrator ... Section 20 of the Arbitration Act, 1840. It is also beyond controversy that prior to the Arbitration Act, 1940 , applications under paragraph
which needed a reference to the arbitration.
Point No. 1 : --
15. Section 2(a) , Arbitration Act, 1940, defines "Arbitration Agreement" as meaning ... arbitration. It was, therefore, open to the plaintiff to file the suits ignoring the arbitration clause. Section 34 , Arbitration Act, 1940, therefore, is not applicable
application filed under Section 15 of the Arbitration Act, 1940 (in short "the Act of 1940) for amending the award dated 1.10.2017 passed ... respondent no.1-Corporation. A petition under Section 20 of the Arbitration Act, 1940 was moved before the Civil Judge, Muzaffar Nagar by the petitioner
