Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration Act, 1940 – Section 28 – Arbitration proceedings – Extension of time for making the award – Once the Sole Arbitrator continued with the arbitration proceedings and passed the award within the extended period of time, it cannot be said that he has misconducted himself as he continued with the arbitration proceedings.

Sep 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  M/S LAXMI CONTINENTAL CONSTRUCTION CO. — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ.…

Arbitration

A and C Act, 1996 – Ss 9(1) and 9(3) – Arbitration agreement – Of course it hardly need be mentioned that even if an application under Section 9 had been entertained before the constitution of the Tribunal, the Court always has the discretion to direct the parties to approach the Arbitral Tribunal, if necessary by passing a limited order of interim protection, particularly when there has been a long time gap between hearings and the application has for all practical purposes, to be heard afresh, or the hearing has just commenced and is likely to consume a lot of time – High Court has rightly directed the Commercial Court to proceed to complete the adjudication.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARCELOR MITTAL NIPPON STEEL INDIA LIMITED — Appellant Vs. ESSAR BULK TERMINAL LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ.…

Arbitration

A and C Act, 1996 – Ss 75 81, 34 and 34(2)(b) – Setting aside of arbitral award – Disturbing tendency of courts – Disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention and thereafter, dubbing the award to be vitiated by either perversity or patent illegality, apart from the other grounds available for annulment of the award – Every error of law committed by the Arbitral Tribunal would not fall within the expression ‘patent illegality’

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION LIMITED — Respondent ( Before : L. Nageswara Rao and S.…

Arbitration

Payment of due amount – Construction and improvement of road – the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M/S PUNA HINDA — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil…

Arbitration

Bank guarantee – ICBC, which is a Scheduled Bank, carrying on business in India, with a Bank Guarantee of equivalent amount issued by a “Scheduled Indian Bank” – Hon’ble Justice Indira Banerjee allowed the appeal and Hon’ble Justice V. Ramasubramanian dismiss the Special Leave Petitions as not giving rise to any substantial question of law warranting interference under Article 136 of the Constitution – Appeal referred to Hon’ble the Chief Justice of India for appropriate directions.

Aug 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION — Appellant Vs. POWER MECH PROJECTS LIMITED — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17(2) – Award of Emergency Arbitrator – It is wholly incorrect to say that Section 17(1) of the Act would exclude an Emergency Arbitrator’s orders. HELD A party cannot, after it participates in an Emergency Award proceeding, having agreed to institutional rules made in that regard, that thereafter it will not be bound by an Emergency Arbitrator’s ruling.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMAZON.COM NV INVESTMENT HOLDINGS LLC — Appellant Vs. FUTURE RETAIL LIMITED AND OTHERS — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

Arbitration

Arbitral award – Ground of Patent Illegality – No evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality – Impugned Award would come under the realm of ‘patent illegality’ and therefore, has been rightly set aside by the High Court – Appeal Dismissed.

Aug 1, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PSA SICAL TERMINALS PRIVATE LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF V.O. CHIDAMBRANAR PORT TRUST TUTICORIN AND OTHERS — Respondent ( Before…

Arbitration

(i) Whether the provisions of Indian Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 ?; HELD YES (ii) Whether, counter claim is maintainable in such arbitration proceedings ? HELD YES “MSMED Act, being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act.”

Jun 30, 2021 sclaw

“18. With regard to first issue, namely, applicability of Limitation Act, 1963 to the arbitration proceedings initiated under provisions of Micro, Small and Medium Enterprises Development Act, 2006, we need…

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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