further to be seen here that Arbitration
Act, 1996 has repealed the Arbitration Act,
1940 . Arbitration Act, 1940 had a specific
power conferred ... settled that scheme
of Arbitration Act, 1996 is clear departure
from the scheme of 1940 Act. In 1940 Act,
power was conferred on the court
necessary to look into the provisions of the Arbitration Act, 1996 , the Arbitration Act, 1940 and the Securities Contracts
(Regulation) Act, 1956 . The relevant provisions ... section 2(4) of the Arbitration Act, 1996 and the language of section 46 of the Arbitration Act, 1940 are in para materia and similarly
Arbitration Act, X of 1940, it is clear that when this Act was passed. it provided a self-contained law with regard to arbitration ... decision under the old Arbitration law and not an award made under the Indian Arbitration Act 1940. He pointed out that under the Arbitration Act
Arbitration and
Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court,
Bombay, Code of Civil Procedure , 1908, and Arbitration Act 1940
(the 1940 ... Arbitration Act, 1940 .
D. ARBITRATION ACT, 1940
(a) Section 49 of the said Act (Act No. 10 of 1940) inter
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Act is totally different from the scheme of 1940
Act in many respect the 1996 Act cannot called a
re-enactment of the 1940 Act ... Act which reads as under:-
"85. Repeal and savings.- (1) The
Arbitration (Protocol and Convention)
Act,1937 (6 of 1937), the Arbitration
Act, 1940
arbitration.
The Arbitration Petition: the Judgment of the Single Judge:
7. In an Arbitration Petition filed under Section 30 of the Arbitration Act, 1940, ONGC ... even a ground in the Arbitration Petition.
IV Parameters of the challenge under Section 30 of the Arbitration Act, 1940:
10. The Learned Single Judge
filed a series of arbitration petitions in this Court under section 33 of the Arbitration Act, 1940 in respect of several arbitration proceedings filed ... section 2(1) of the Limitation Act, 1963, as well as to scheme of the Arbitration Act, 1940 , if it were to be held that
proceedings in arbitration under the Chapter XI of the said Act, In other words, the provisions of the Arbitration Act, 1940 would apply ... Arbitration Act are not inconsistent with the scheme of the said Act. In other words, the applicability of the provisions of the Arbitration Act, 1940
1940 having been repealed
by the Arbitration & Conciliation Act, 1996 , the reference to the
Arbitration Act, 1940 made in the agreement shall be read ... arbitration clause was
invoked only after the enactment of the Arbitration & Conciliation Act,
1996 . In my view the reference to the Arbitration Act, 1940
Act and the Arbitration Act are two Statutes governing different kinds of arbitration, and to introduce sections of one Act to regulate the arbitration under ... current Specific Relief Act 1983, arbitration agreements which are not covered by the Arbitration Act, 1940 cannot be specifically enforced. But a party to such
