CiteTEXT
...Section 14, Arbitration Act, on 31st August 194S. He made an application to the Court stating that the disputes between the parties having b...Section 14, Arbitration Act, is not sound. The procedure provided in the present Arbitration Act is a little...notice why the award should not be filed. Under the Arbitration Act of 1940, Section 14 (2) requires the Court to "give notice to the parties of the filing of the award." No objections to the appl...
...Section 14 of the Arbitration Act, 1940 registered as Civil Suit No. 211/2008 pending before Ms. Geetanjali, Civil Judge (W...and contentions of the respondent.Consequently, the petition is allowed. The application under Section 14 of the Arbitration Act...), Delhi to the Court of Sh. Ashu Garg, Civil Judge (Central), Delhi where another petition filed by the petitioner under section 34 of the arbitration & conciliation act, 1996 is pending being Suit No...
...1. An award made without the intervention of a Court was taken to Court under Section 14, Arbitration Act...an application made by the respondent for the filing of an award under Section 14, Indian Arbitration Act of 1948. The appellant before us tools objection, to the award on...cannot be called into assistance for the purposes of Sections 14 to 17. In my view, Section 30 applies equally well to both types of cases, namely cases where an application is made under Section 14, and cases wher...
..., limitation commencing to run from the date of service of notice of the regular award.
6. Section 14, Arbitration Act....
8. Assuming it comes under s. 14, Arbitration Act does it make any difference so far as the appealability is concerned? Section 39 of the Act allows appeals...S. 14 (2) Arbitration Act. That section read thus :
"When any matter has been referred to arbitration without the intervention of a Court of justice and...
...commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.”24. We may notice that Section 14 of the (English) ...commenced for the purpose of this part and for the purposes of the Limitation Act. Section 14(3) provides that in the absence of such agreement, the provisions contained in sub-sections (3) to (5) shall apply. Both the 1940 Act and ...needed than simply for the claimant to serve a request for arbitration on the respondent. The relevant section of the Act is Section 14. Its effect is as follows:(a) W...
...the parties of the making of the award'.
23. Section 14(2) of the Act provides 'inter alia' that the arbitrator shall at the request of any pary to the arbitration agreement...the making of the award was not given. That the parties signed the award does not bring the case within Section 14(1) of the Act.
25. In a case falling within Section 14(2)...the issues held that the application was not under Section 14, Arbitration Act, (sic) under Section 17 and was...
...prosecuting those proceedings was excluded under Section 14, the suit would be within limitation. It was held that if Section 14 were to be construed strictly, the plaintiff would not be entitled to exclude the per...analogy of Section 14. This contention was also negatived on the ground that since the decision of the Privy Council, the legislature had in Section 37(5) of the Arbitration Act, 1940, provided as to...therefore no longer open to the Court to rely on Section 14 of the Limitation Act as applying by analogy to arbitration proceedings. If the legislature intended that Section 14 should apply and that all th...
...section 151 CPC read with section 14 Arbitration Act was filed by the counsel for U.O.I stating therein that award was not filed...legally. No notice under section 14(1) of the Arbitration Act as well as the evidence recorded, were not produced with the award. Proper stamp fee was also not paid. Therefore...) objections to the award were raised. Only an application under Section 151 CPC read with section 14(1) of the Arbitration Act was filed which was properly dealt with by the...
...any steps to file.”4. Because of this letter or for some other reason, the award was not filed in court. Under the provisions of sub-section (2) of Section 14 of the ...of 1992) in the Court of Civil Judge (S.D), Anand, under Section 14 of the Arbitration Act and has engaged a lawyer Shri G.B Shah to obtain orders as prayed. It has been recorded in the judgment...the award under the provisions of Section 14 of the Arbitration Act. That it is prayed by the applicant that the non-applicant may be served with the notice of filing the award and decree may please be...
...Section 14, Arbitration Act, that the, arbitrators applied to the trial Court and sub-section (2) of that, section...Section 14, Arbitration Act, was cited in the headings of the applications, he appeared to think that the procedure for Such applications, w...in Sub-section (2) of Section 14, has to be, of the filing of the award. The case of an arbitration without the intervention of a Court under the old law was governed by para...
...and bound to apply the law of limitation. Section 3 of the Limitation Act applied by way of analogy to arbitration proceedings, and like interpretation was given to Section 14 of the Limitation Act. The proceedings...like civil proceedings before the court within the meaning of Section 14 of the Limitation Act. By consent the parties have substituted the arbitrator for a court of law to arbiter their disputes or differences. It is, therefore, op...except with the leave of the Court, unless a contrary intention is expressed in the arbitration agreement.”Therefore, Section 5 postulates that there must be an...
...question which involves in these appeals is applicability of Section 14 of the Limitation Act, 1963 to the Arbitration and Conciliation Act, 1996.3. However, in order to...in view of his detailed reasons given in the judgment delivered on 26-9-2002. It was held that application under Section 14 of the Limitation Act is not maintainable in view of sub-section (3) of Section 34 of the ...question is whether Section 14 of the Limitation Act has been excluded by this special enactment i.e the Arbitration and Conciliation Act, 1996. Section 43 of the Arbitration and Conciliation Act, 1996...
...contractor. The State Government made an application under Section 14 of the Arbitration Act, praying that the award be..., while the application under Section 14, Arbitration Act, was rejected.
5. Aggrieved, the State has...could be claimed.
2. On 24-5-1966, the contractor moved an application for reference , of this dispute to the arbitration of the Chief Engineer, L. S. G. E. D., as provided by Clause...
...14, Arbitration Act made by the arbitrator had the substantive effect of setting aside the "award", and, as such, such an order was appealable under Section 39(i)(vi) of the...Section 110-A. The Motor Vehicles Act, for compensation for the injuries received by him at the accident. The respondents...respondents raised a preliminary objection that no appeal lay. Under Section 110, the Motor Vehicles Act, 1939, the State...
...learned Subordinate Judge, Patna. The case of the appellant was that the said application was made by him under Section 17 of the Arbitration Act and not under Section 14 of the said Act. In the...was sent only for information of the concerned party. Accordingly, the application made by the applicant must be held to be made under Section 14(2) of the Arbitration Act and Article 119(a) of the...statement, in the facts of the case, should not have weighed with the court because the original award itself had been filed by the applicant. In the aforesaid circumstances, the provision of Section 14 of the Arbitration A...
...section 14 of the Arbitration Act, has expired, and if the time is enlarged by the court, the petitioner may be faced with difficulty in fil...section 14, Arbitration Act earlier, for filing of the award in court has no relevance for the present purposes. The petitioner itself knew ...made. The petitioner not having moved the court under section 14, earlier cannot plead its own neglect, for invoking the exercise of court's discretion against the grant of time. The petitioner has now filed an independent applicati...
...filed an application under Section 14 sub-section (2) of the Indian Arbitration Act, 1940, before the court of the Subordinate Judge of Gauhati in Assam praying that the umpire, Mr Chowdhury, might be...respect of these awards, proceedings were initiated purporting to be under Section 14(2) of the Indian Arbitration Act simultaneously both in the Court of the Subordinate Judge of Gauhati in Assam as...Single Judge. They held that there had been no proper application under Section 14(2) of the Indian Arbitration Act before the High Court of Calcutta, and that consequently that Court had no...
...of the award under Section 14 of the Indian Arbitration Act, 1940 was duly served on the parties. On March 9, 1957, an agent of the appellant filed a written submission accepting the award and...immovable property of the value of more than Rs 100, and as it was not registered, no decree could be passed in terms of the award; (2) the proceedings under Section 14 of the Indian Arbitration Act, 1940...prima facie not be regarded as falling within Section 86, Code of Civil Procedure.”8. Now, a proceeding under Section 14 read with Section 17 of the Indian ...
...the Constitution. An arbitration clause authorizing one party to unilaterally appoint an arbitrator or curate a panel of arbitrators is unconscionable and violative of Article 14. Section 23 of the...Proviso to Section 12(5) allows parties to waive the applicability of the provision by an express agreement in writing after the dispute has arisen; and
d. Section 14 allows parties to mutua...agreement in writing. In all other cases, the general rule in the proposed section 12 (5) must be followed."]
82 Section 14, Arbitration Act. [It reads:
"14...
...Section 14, Arbitration Act, and this could not be done after the awards had been enforced by execution. In their Lordships...provisions of Section 15, Arbitration Act of 1899, which runs as follows:
15 (1). An award on a submission, on being Sled in the...necessary to state here that the award is to be governed by the provisions of the Arbitration Act (Act 9 of 1899). On 26th November 1935 the arbitrator declared his award to the...