Supreme Court of India Judgements

46830 Judgements hosted as on 05/08/2025 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

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.…

Arbitration

Presence of an arbitration clause within a contract between a state instrumentality and a private party has not acted as an absolute bar to availing remedies under Article 226 – If the state instrumentality violates its constitutional mandate under Article 14 to act fairly and reasonably, relief under the plenary powers of the Article 226 of the Constitution would lie.

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNITECH LIMITED AND OTHERS — Appellant Vs. TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION (TSIIC) AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 12 – Time limit for arbitral award – Appointment of the Sole Arbitrator is subject to the declarations made under Section 12 of the Arbitration and Conciliation Act, 1996 (as amended) Parties are directed to approach the Indian Council of Arbitration within a period of 2 weeks to fix the date of the arbitral proceedings.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M/S. PROGRESSIVE CONSTRUCTION LIMITED — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. )…

Arbitration

Arb and C Act, 1996 – Ss 11 & 11(6) – Appointment – if the petitioner has any grievance with regard to the manner in which the Arbitrator has been appointed and has entered reference, the contentions could be urged before the Arbitrator by way of objection or in such other proceedings – A petition under Section 11(6) seeking appointment of the Arbitrator in this situation, is not sustainable.

Feb 7, 2021 sclaw

1/3 SUPREME COURT OF INDIA FULL BENCH EUROBEARINGS INDIA PRIVATE. LIMITED — Appellant Vs. EUROBEARINGS R.I. — Respondent ( Before : S.A Bobde, CJI, A.S. Bopanna and V. Ramasubramanian, JJ.…

You missed

Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw
C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw