Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitral award – Construction of the terms of a contract is primarily for an arbitrator to decide, unless the arbitrator construes a contract in a manner which no fair minded or reasonable person would take i.e. if the view taken by the arbitrator is not even a possible view to take.

May 22, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PATEL ENGINEERING LTD. — Appellant Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) — Respondent ( Before : R. Banumathi, Indu Malhotra and…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 27, 34 and 37 – Contract Act, 1872 – Sections 56 and 65 – Arbitral award – Interpretation of contract – High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India HELD The interpretation of the Arbitral Tribunal to expand the meaning of Clause 23 to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same.

May 12, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) — Appellant Vs. OIL INDIA LIMITED — Respondent ( Before : N.V. Ramana,…

Arbitration

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC HELD hat the specification of a “Venue” or “Place” of arbitration may not hold much significance in domestic arbitrations as against international commercial arbitrations due to the uniform applicability of the substantive & curial law.D/April 29, 2020.

Apr 29, 2020 sclaw

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment] Sanya Talwar 29 April 2020 6:49 PM Court also pointed…

Arbitration

Rajasthan Land Acquisition Act, 1953 – Sections 4 and 6 – Arbitration Act, 1940 – Section 17 – Contract Act, 1872 – Section 23 – Execution of Award – Execution of an award can be only to the extent what has been awarded/decreed and not beyond the same – Arbitrator in its Award had only declared the price of land and nothing more – Thus, the question of execution of a sale deed of the land at the price so declared by the Arbitrator in its Award, could not be directed

Apr 26, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH FIRM RAJASTHAN UDYOG AND OTHERS — Appellant Vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD. — Respondent ( Before : Uday Umesh Lalit and Vineet…

Arbitration

The question involved in the present appeal is the enforceability of the foreign award, against NAFED. HELD the award is ex facie illegal, and in contravention of fundamental law, no export without permission of the Government was permissible and without the consent of the Government quota could not have been forwarded to next season. The export without permission would have violated the law, thus, enforcement of such award would be violative of the public policy of India.

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA — Appellant Vs. ALIMENTA S.A. — Respondent ( Before : Arun Mishra, M.R. Shah and B.R.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of arbitrator – Arbitration agreement entered into between the parties provides Hong Kong as the place of arbitration – Agreement between the parties choosing “Hong Kong” as the place of arbitration by itself will not lead to the conclusion that parties have chosen Hong Kong as the seat of arbitration -HELD Section 11 has no application to “International Commercial Arbitrations” seated outside India – Words in Clause 17.1 “without regard to its conflicts of laws provisions and courts at New Delhi shall have the jurisdiction” do not take away or dilute the intention of the parties in Clause 17.2 that the arbitration be administered in Hong Kong

Mar 7, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MANKASTU IMPEX PRIVATE LIMITED — Appellant Vs. AIRVISUAL LIMITED — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Arbitration…

Arbitration

Arbitration Act, 1940 – Arbitration proceedings – Contract agreement between Appellant and Respondent for construction of Sutlej Yamuna Link Canal (Punjab) HELD It is ordered that in addition to the Claim No.1 allowed by the High Court, the claimant is also entitled to the amount under Claim Nos.2, 3, 8 and 12

Feb 14, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDIGARH CONSTRUCTION COMPANY PRIVATE LIMITED — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ.…

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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.

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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.

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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