Supreme Court of India Judgements

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Category: Arbitration

Arbitration

A and C Act, 1996 – S 31(7) – Interest on delayed payment – Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment – Appeal allowed.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED — Appellant Vs. STATE OF KERALA — Respondent ( Before : Surya Kant and Aniruddha Bose, JJ. )…

Arbitration

Apponitment of arbitrator – whether the dispute which had arisen at the first instance has been settled; if the dispute subsisted, whether the claim is within the period of limitation, the nature of relief if any and all other contention on merits are to be considered in the arbitral proceedings – Hence, keeping open all contentions on merits, sole Arbitrator is to be appointed to resolve the dispute between the parties

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V. SREENIVASA REDDY — Appellant Vs. B.L. RATHNAMMA — Respondent ( Before : S.A. Bobde, CJI, A.S. Bopanna and V. Ramasubramanian, JJ. ) Civil…

Arbitration

Appointment of arbitrator – Section 11 court would refer the matter when contentions relating to non-arbitrability are plainly arguable, or when facts are contested – The court cannot, at this stage, enter into a mini trial or elaborate review of the facts and law which would usurp the jurisdiction of the arbitral tribunal

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SANJIV PRAKASH — Appellant Vs. SEEMA KUKREJA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ. )…

Arbitration

A & C Act – Obviously, once time has started running, any final rejection by the Appellant by its letter dated 10.11.2010 would not give any fresh start to a limitation period which has already begun running, following the mandate of Section 9 of the Limitation Act – This being the case, the High Court was clearly in error in stating that since the applications under Section 11 of the Arbitration Act were filed on 06.11.2013, they were within the limitation period of three years starting from 10.11.2020.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SECUNDERABAD CANTONMENT BOARD — Appellant Vs. M/S B. RAMACHANDRAIAH AND SONS — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ. ) Civil…

Arbitration

A & C Act, 1996 – S 11 – Period of limitation for filing an application under Section 11 would be governed by Article 137 of the First Schedule of the Limitation Act, 1963 – Period of limitation will begin to run from the date when there is failure to appoint the arbitrator.

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHARAT SANCHAR NIGAM LIMITED AND ANOTHER — Appellant Vs. M/S NORTEL NETWORKS INDIA PRIVATE LIMITED — Respondent ( Before : Indu Malhotra and Ajay…

Arbitration

A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined on the same – This Court set aside the impugned judgment of the Delhi High Court in so far as it conclusively finds that there is an Arbitration Agreement between the parties

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PRAVIN ELECTRICALS PRIVATE LIMITED — Appellant Vs. GALAXY INFRA AND ENGINEERING PRIVATE LIMITED — Respondent ( Before : R.F. Nariman, B.R. Gavai and Hrishikesh…

Arbitration

A & C Act – S 2(1)(f) would show that whatever be the transaction between the parties, if it happens to be entered into between persons, at least one of whom is either a foreign national, or habitually resident in, any country other than India; or by a body corporate which is incorporated in any country other than India; or by the Government of a foreign country, the arbitration becomes an international commercial arbitration- This being the case, it is clear that the Delhi High Court had no jurisdiction to appoint an arbitrator

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMWAY INDIA ENTERPRISES PRIVATE LIMITED — Appellant Vs. RAVINDRANATH RAO SINDHIA AND ANOTHER — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw
Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw