Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 – Section 18 – Arbitration Tribunal has the power to condone the delay in making a reference. If there is no arbitration clause, the dispute arising between the parties to the contract must be referred to the Arbitration Tribunal.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY AND ORTHERS — Appellant Vs. RAMA KANT SINGH @ RESPONDENT ( Before : Ajay Rastogi and Abhay S. Oka,…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of member of the Bar as the sole Arbitrator – Appeal against – – While dealing with petition under Section 11, the Court by default would refer the matter when contentions relating to non-arbitrability are plainly arguable – In such case, the issue of non-arbitrability is left open to be decided by the Arbitral Tribunal – No case for interference is made out – Appeal dismissed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED MASROOR SHAIKH — Appellant Vs. BHARAT BHUSHAN GUPTA AND OTHERS — Respondent ( Before : Indira Banerjee and Abhay S. Oka, JJ. )…

Arbitration

Arbitration & Conciliation Act, 1996 for appointment of a sole arbitrator – Courts had very limited jurisdiction under Section 11(6) of the Act. Courts are to take a ‘prima facie’ view, as explained therein, on issues relating to existence of the arbitration agreement. Usually, issues of arbitrability/validity are matters to be adjudicated upon by arbitrators. The only narrow exception carved out was that Courts could adjudicate to ‘cut the deadwood’. Ultimately the Court held that the watch word for the Courts is ‘when in doubt, do refer’.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH INTERCONTINENTAL HOTELS GROUP (INDIA) PRIVATE LIMITED AND ANOTHER — Appellant Vs. WATERLINE HOTELS PRIVATE LIMITED — Respondent ( Before : N.V. Ramana, CJI, Surya…

Arbitration

Arbitration Act, 1940 – Sections 30, 33 and 39 – Extension of time to execute the contract – Single Judge that there was sufficient justification for the appellant-claimant to have sought extension of time for completing the work and that the decision of the respondent-Union of India to terminate the contract, was not for legitimate reasons.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ATLANTA LIMITED THR. ITS MANAGING DIRECTOR — Appellant Vs. UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE — Respondent ( Before :…

Arbitration

An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA TOURISM LIMITED — Appellant Vs. M/S KANDHARI BEVERAGES LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna JJ. ) Civil Appeal…

Arbitration

Termination of mandate – Appointment of fresh arbitrator – Earlier Arbitral Tribunal-Stationery Purchase Committee comprising of Additional Secretary, Department of Revenue as President and (i) Deputy Secretary, Department of Revenue, (ii) Deputy Secretary, General Administration Department, (iii) Deputy Secretary, Department of Finance, (iv) Deputy Secretary/Under Secretary, General Administration Department and (v) Senior Deputy Controller of Head Office, Printing as Members, has lost its mandate by operation of law in view of Section 12(5) read with Seventh Schedule and a fresh arbitrator has to be appointed under the provisions of the Arbitration Act, 1996

Jan 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELLORA PAPER MILLS LIMITED — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Arbitration

Arbitral proceedings – Resumption – It is the discretion vested with the Court for remitting the matter to Arbitral Tribunal to give an opportunity to resume the proceedings or not – Words “where it is appropriate” itself indicate that it is the discretion to be exercised by the Court, to remit the matter when requested by a party. Merely because an application is filed under Section 34(4) of the Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  I-PAY CLEARING SERVICES PRIVATE LIMITED — Appellant Vs. ICICI BANK LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Setting aside of arbitral award – At the same time when an order is passed without recourse to arbitration and in utter disregard to the provisions of Arbitration and Conciliation Act, 1996, Section 34 of the Act will not apply.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JHARKHAND URJA VIKAS NIGAM LIMITED — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Indira Banerjee and R. Subhash…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Setting aside of arbitral award – Contract maintenance of road for a length of 31.17 kilometres – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month up to January, 2008 under claim Nos.1 and 8 is hereby confirmed – Award passed by the Arbitrator awarding the amount/compensation at Rs.45,000/ per km per month from February, 2008 to 31.05.2010 i.e. till the end of the contract is hereby quashed and set aside – Appeal partly allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA — Appellant Vs. M/S. SHIV SHANKAR CONSTRUCTION CO. AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw