Search Results Page
Search Results
1 - 10 of 30 (0.33 seconds)
Meerut Development Authority Meerut vs M/S Civil Engineering Construction ... on 20 January, 2020
cites
Gold (Control) Act, 1968
The Arbitration Act, 1940
Section 37 in Gold (Control) Act, 1968 [Entire Act]
M/S N.S. Nayak & Sons vs State Of Goa on 8 May, 2003
Reliance has wrongly been placed by the appellant on the following observation made in N.S. Nayak & Sons v. State of Goa (supra) :-
Agra Development Authority Through Its ... vs Sheikhein International And Anr. on 6 April, 2007
37. Similar approach appears to have been taken by the Division Bench of this Court in the case of Agra Development Authority (supra), wherein, referring to the decision of the Supreme Court in Prasun Roy Vs. Calcutta Metropolitan Development Authority & Anr., AIR 1988 SC 205, it was held that long participation and acquiescence in the proceedings preclude a party from contending that the proceedings were without jurisdiction. The principle of waiver and estoppel were held applicable to proceedings for challenge of appointment of arbitrator as applicable to the proceedings to challenge the award. The division bench of this Court further observed that the words 'long participation' have to be read in conjunction with the word 'acquiescence'.
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Milkfood Ltd vs M/S Gmc Ice Cream (P) Ltd on 5 April, 2004
Plainly, two Acts deal with resolution of disputes by means of an alternative and well-recognized mode of arbitration. A rule of procedure which has been allowed to be moulded by the parties according to their will, cannot be restricted in the manner suggested by learned counsel for the appellant. In absence of any statutory indication for the same and in absence of any reasonable ground being shown for such construction to be made, the submission advanced has to be rejected. Beginning from M/s Rani Constructions Pvt. Ltd. (C.A. No. 61 of 1999) as reported in Thyssen Stahlunion GMBH (supra) and as followed in Delhi Transport Corporation Vs Rose Advertising (supra) as also Milkfood Ltd. (supra), the law has remained unequivocally constant, that parties to an arbitration contract could agree to the applicability of the New Act even before the New Act came into force and even when the Old Act was still holding the field.
Prasun Roy vs Calcutta Metropolitan ... on 20 July, 1987
37. Similar approach appears to have been taken by the Division Bench of this Court in the case of Agra Development Authority (supra), wherein, referring to the decision of the Supreme Court in Prasun Roy Vs. Calcutta Metropolitan Development Authority & Anr., AIR 1988 SC 205, it was held that long participation and acquiescence in the proceedings preclude a party from contending that the proceedings were without jurisdiction. The principle of waiver and estoppel were held applicable to proceedings for challenge of appointment of arbitrator as applicable to the proceedings to challenge the award. The division bench of this Court further observed that the words 'long participation' have to be read in conjunction with the word 'acquiescence'.
Delhi Transport Corporation Ltd vs Rose Advertising on 17 April, 2003
Plainly, two Acts deal with resolution of disputes by means of an alternative and well-recognized mode of arbitration. A rule of procedure which has been allowed to be moulded by the parties according to their will, cannot be restricted in the manner suggested by learned counsel for the appellant. In absence of any statutory indication for the same and in absence of any reasonable ground being shown for such construction to be made, the submission advanced has to be rejected. Beginning from M/s Rani Constructions Pvt. Ltd. (C.A. No. 61 of 1999) as reported in Thyssen Stahlunion GMBH (supra) and as followed in Delhi Transport Corporation Vs Rose Advertising (supra) as also Milkfood Ltd. (supra), the law has remained unequivocally constant, that parties to an arbitration contract could agree to the applicability of the New Act even before the New Act came into force and even when the Old Act was still holding the field.