April 2017 - Page 36 of 53 - Supreme Court of India Judgements

Arbitration Act, 1940 – Section 8(1)(b) – Supply of vacancy – Power of court – Where the agreement shows that the parties intended to supply the vacancy, the court has no jurisdiction to appoint the arbitrator.

Apr 9, 2017 sclaw

AIR 1980 SC 103 : (1979) 4 SCC 21 : (1980) 1 SCR 128 SUPREME COURT OF INDIA UNION OF INDIA — Appellant Vs. R.B. CH. RAGHUNATH SINGH AND…

Arbitration

Arbitration Act, 1940 – Sections 8 and 20 – Appointment of arbitrator – Bias – Contract stipulating reference to Superintending Engineer unconnected work contract – Appointment of a Superintending Engineer subordinate to the appointing authority is valid.

Apr 9, 2017 sclaw

AIR 1984 SC 234 : (1983) 2 SCALE 606 : (1984) 3 SCC 627 SUPREME COURT OF INDIA EXECUTIVE ENGINEER, IRRIGATION DIVISION, PURI — Appellant Vs. GANGARAM CHHAPOLIA —…

Arbitration

Arbitration Act, 1940 – Sections 20, 2(a) and 2(e) – Reference to arbitration – Consent of parties – Existence of arbitration agreement – Fresh consent of parties before actual reference is not always necessary

Apr 9, 2017 sclaw

AIR 1985 SC 1003 : (1985) 3 CompLJ 298 : (1985) 3 SCC 255 : (1985) 1 SCR 567 Supp : (1986) 1 UJ 520 SUPREME COURT OF INDIA…

Arbitration

Civil Procedure Code, 1908 (CPC) – Section 151 – Purpose of remitting the award under Arbitration Act is to enable the arbitrator to reconsider the decision where the legality was connected with the decision of the award

Apr 9, 2017 sclaw

AIR 1987 SC 841 : (1988) 1 ARBLR 383 : (1987) 1 JT 350 : (1987) 1 SCALE 265 : (1987) 1 SCC 717 : (1987) 2 SCR 151…

Bail Granted

Criminal Procedure Code, 1973 (CrPC) – Sections 167, 437(5) and 439(2) – Bail – Default of prosecution – Bail granted as the prosecution failed to file charge-sheet within stipulated time – Subsequent filing of charge-sheet does not entitle to Court to cancel the bail on the ground of filing of charge-sheet.

Apr 9, 2017 sclaw

AIR 1993 SC 1 : AIR 1992 SC 1 : (1992) CriLJ 3712 : (1992) 6 JT 21 : (1992) 2 SCALE 523 : (1992) 4 SCC 272 :…

Evidence Act

Evidence Act, 1872 – Section 3 – Child witness – Appreciation of – Evidence of such witness cannot be rejected per se – Court as a rule of prudence is required to consider it with close scrutiny

Apr 9, 2017 sclaw

AIR 2001 SC 482 : (2001) CriLJ 705 : (2001) 1 JT 230 : (2001) 1 SCALE 7 : (2001) 9 SCC 129 : (2001) 1 SCR 1 :…

Accident

Penal Code, 1860 (IPC) – Section 300 – Murder – Eye-witnesses – Presence on spot – Incident occurred at about 1.30 p.m. on a road in month of June when there was scorching heat

Apr 9, 2017 sclaw

AIR 2003 SC 2098 : (2003) CriLJ 880 : (2003) 1 JT 10 : (2003) 1 SCALE 20 : (2003) 9 SCC 45 : (2003) AIRSCW 98 : (2003)…

Limitation

Wakf Act, 1995 – Sections 6 and 83(a) – Wakf of property – Suit for declaration – Limitation –

Apr 9, 2017 sclaw

(2005) 1 JT 67 : (2005) 1 SCC 741 : (2005) 1 SCR 1 SUPREME COURT OF INDIA ABDUL RAIS AND OTHERS — Appellant Vs. MADHYA PRADESH WAKF BOARD…

State Laws

Appointment of Lokayukta – Chief Justice is most appropriate person to judge suitability of retired Judge, who will act as Lokayukta and object of Act would not be served, if final decision is left to executive – Primacy of opinion of Chief Justice must be accepted

Apr 9, 2017 sclaw

(2013) 1 AD 325 : AIR 2013 SC 693 : (2013) 1 JT 276 : (2013) 1 RCR(Civil) 610 : (2013) 1 SCALE 7 : (2013) 3 SCC 1 :…

C P C

Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.

Apr 9, 2017 sclaw

AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…

Month: April 2017

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