Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Non-payment of stamp duty on commercial contract – Since the arbitration agreement is an independent agreement between the parties, and is not chargeable to payment of stamp duty, the non-payment of stamp duty on the commercial contract, would not invalidate the arbitration clause

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. N.N. GLOBAL MERCANTILE PRIVATE LIMITED — Appellant Vs. M/S. INDO UNIQUE FLAME LIMITED AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – HELD – this is a case where the inferences drawn are a non-sequitur to the plain and simple words of the e-mails/communications read in evidence, which were before the Tribunal and which do not support the inferences drawn. In this view of the matter, clearly the approach of the majority of arbitrators is arbitrary and capricious; and therefore cannot pass judicial muster. (See : Associate Builders v. DDA, (2015) 3 SCC 49)

Dec 20, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANGLO AMERICAN METALLURGICAL COAL PTY LIMITED — Appellant Vs. MMTC LIMITED — Respondent ( Before : Rohinton Fali Nariman and K.M. Joseph, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 50 – Commercial Courts Act, 2015 – Section 13(1) – Foreign award – Enforcement of – A further appeal by a party aggrieved by an order of enforcement, even under the later enacted Commercial Courts Act, 2015 is not maintainable

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NOY VALLESINA ENGINEERING SPA, (NOW KNOWN AS NOY AMBIENTE S.P.A) — Appellant Vs. JINDAL DRUGS LIMITED AND OTHERS — Respondent ( Before : Indira…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 11, 11(6) and 11(12)(a) – HELD the arbitration clause contained in in the main agreement would govern the parties insofar as the present nature of dispute that has been raised by them with regard to the price etc including recovery as against purchase order arbitration clause

Sep 17, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH BALASORE ALLOYS LIMITED — Appellant Vs. MEDIMA LLC — Respondent ( Before : S. A. Bobde, CJI. A. S. Bopanna and V. Ramasubramanian,…

Arbitration

Arbitration and Conciliation Act, 1996 Section 9 HELD It is clear that in case HSBC was to enforce the Foreign Final Award in India in accordance with section 48 of the 1996 Act, irreparable loss would be caused to it unless at least the principal sum were kept aside for purposes of enforcement of the award in India. Accordingly, we dismiss Civil Appeal No.5145 of 2016 filed by Avitel India and the Jain family, and allow Civil Appeal No.5158 of 2016 filed by HSBC.

Aug 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH AVITEL POST STUDIOZ LIMITED AND OTHERS — Appellant Vs. HSBC PI HOLDINGS (MAURITIUS) LIMITED — Respondent ( Before : R. F. Nariman and…

Arbitration

Arbitration and Conciliation Act, 1996 – S 8 – Specific Relief Act, 1963 – Ss 31 and 34 – Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed – But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal & not binding on him, executant can approach the Court u/s 31, non-executant file suit u/s  34, HELD anomalies only highlight the impossibility of holding that an action instituted under section 31 of the Specific Relief Act, 1963 is an action in rem.

Aug 20, 2020 sclaw

Arbitration and Conciliation Act, 1996 – S 8 – Specific Relief Act, 1963 – Ss 31 and 34 – Where the executant of a deed wants it to be annulled,…

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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