Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 — Section 45 — Reference to arbitration — Existence of arbitration agreement — Contract not signed by one party — Parties acted upon the contract, including lifting goods and issuing Letters of Credit — Emails confirming terms and modifications — Held, agreement to arbitrate is inferred from conduct and electronic communications, even without signatures — Mere failure to sign does not invalidate the arbitration agreement if parties’ conduct demonstrates acceptance of terms.

Sep 2, 2025 sclaw

2025 INSC 1036 SUPREME COURT OF INDIA DIVISION BENCH GLENCORE INTERNATIONAL AG Vs. M/S. SHREE GANESH METALS AND ANOTHER ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed.

Aug 31, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GPE (INDIA) LTD AND OTHERS Vs. TWARIT CONSULTANCY SERVICES PRIVATE LIMITED AND ANOTHER ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ. ) Petition(s)…

Arbitration

Arbitration and Conciliation Act, 1996 vs. Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Works Contract — Concession Agreement for development of State Highway falls under ‘works contract’ as defined in MP Act, 1983 — MP Act, 1983 has overriding effect on Arbitration and Conciliation Act, 1996 for such contracts — Private arbitration under 1996 Act is inoperative and void ab initio where MP Act, 1983 mandates adjudication by Madhya Pradesh Arbitration Tribunal.

Aug 1, 2025 sclaw

2025 INSC 907 SUPREME COURT OF INDIA DIVISION BENCH UMRI POOPH PRATAPPUR (UPP) TOLLWAYS PVT. LTD. Vs. M.P. ROAD DEVELOPMENT CORPORATION AND ANOTHER ( Before : J.B. Pardiwala and R.…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of arbitration agreement — High Court dismissed appellant’s application under Section 11 on the ground that no arbitration agreement existed — Clause 13 of contract relied upon as arbitration agreement — Clause stated that for parties other than Govt. Agencies, redressal of disputes “may be sought” through arbitration — Supreme Court held that use of “may be sought” indicates no subsisting agreement to use arbitration — Clause was an enabling provision if parties agreed, not a binding agreement.

Jul 20, 2025 sclaw

2025 INSC 874 SUPREME COURT OF INDIA DIVISION BENCH BGM AND M-RPL-JMCT (JV) Vs. EASTERN COALFIELDS LIMITED ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. ) Civil Appeal…

Arbitration

However, the non-service of a S. 21 notice on a person does not, by itself, preclude the arbitral tribunal from impleading that person if they are found to be a party to the arbitration agreement — The primary purpose of S. 21 relates to commencement and time-related aspects, while other functions like informing about claims or potential arbitrators are incidental.

Apr 20, 2025 sclaw

2025 INSC 507 SUPREME COURT OF INDIA DIVISION BENCH ADAVYA PROJECTS PVT. LTD. Vs. M/S VISHAL STRUCTURALS PVT. LTD. AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra,…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw
Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

Sep 2, 2025 sclaw
State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw
State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw