Supreme Court of India Judgements

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Category: Arbitration

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.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17 – Interim measures ordered by arbitral tribunal – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Section 3 – Works contract – Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 – Held, YES

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ANOTHER — Appellant Vs. AMBER BUILDERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Arbitration

General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract HELD -The appellant is directed to send a fresh panel of four retired officers in terms of Clause 64(3)(b) of the General Conditions of Contract within a period of thirty days from today under intimation to the respondent-contractor. The respondent-contractor shall select two from the four suggested names and communicate to the appellant within thirty days from the date of receipt of the names of the nominees.

Dec 23, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAILWAY ELECTRIFICATION — Appellant Vs. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY — Respondent ( Before : R. Banumathi, A.S. Bopanna And Hrishikesh Roy,…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 34(4) – Arbitral award – Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects HELD that ordinarily unintelligible awards are to be set aside, while the challenge on inadequacy of reasons, has to be adjudicated based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration.

Dec 22, 2019 sclaw

  SUPREME COURT OF INDIA FULL BENCH M/S. DYNA TECHNOLOGIES PVT. LTD. — Appellant Vs. M/S. CROMPTON GREAVES LTD. — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and…

Arbitration

“………..the awards were signed in New Delhi, and not at Faridabad, would lead to the conclusion that both parties have chosen New Delhi as the “seat” of arbitration under Section 20(1) of the Arbitration Act, 1996. This being the case, both parties have, therefore, chosen that the Courts at New Delhi alone would have exclusive jurisdiction over the arbitral proceedings. Therefore, the fact that a part of the cause of action may have arisen at Faridabad would not be relevant once the “seat” has been chosen

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH BGSSGS SOMAJV — Appellant Vs. NHPC LIMITED — Respondent ( Before : R.F. Nariman, Aniruddha Bose and V. Ramasubramanian, JJ. ) Civil Appeal No.…

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I P C

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Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw