Supreme Court of India Judgements

46915 Judgements hosted as on 02/11/2025 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

Arbitration

Doctrine of Incorporation by reference-Arbitration agreement- -Application for appointment of arbitrator rejected on ground that Sale orders did not contain an arbitration clause-Sale orders specifically state that they would be governed by guidelines, circulars; arbitration clause in 2007 Scheme-Arbitration clause contained in the 2007 Scheme, would stand incorporated by reference in each of the sale orders- Clause 7 in the sale orders falls under the ‘single contract case’ where the arbitration clause is contained in a standard form document i.e. the 2007 Scheme, to which there is a reference in the individuals sale orders issued by the Company-Impugned order rejecting application set aside-Arbitrator appointed

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1333 : 2019 LawHerald.Org 927 : (2019) AIR(SC) 1015 : (2019) 2 ArbiLR 69 : (2019) 4 SCALE 406 IN THE SUPREME COURT OF INDIA Before…

Arbitration

Arbitrator–Appointment of –Former Chief Justice of India resigned as arbitrator stating that issues involved in arbitration were similar to issues involved in earlier award passed by him–New arbitration a retired Judge of High Court appointed as arbitrator–Petitioner alleged that since former CJI was appointed to arbitrate, this time also former CJI ought to have been appointed–Objection of petitioner cannot be sustained.

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 626 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee Arbitration Petition No. 7 of 2006 Balli Petrochemicals Limited. v. National Aluminium…

Arbitration

High Court has committed a manifest error in passing the impugned order and adopting a mechanical process in appointing the Arbitrator without any supportive evidence on record to prima facie substantiate that an arbitral dispute subsisted under the agreement which needed to be referred to the arbitrator for adjudication – Appeals allowed

Mar 31, 2019 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH UNITED INDIA INSURANCE CO. LTD. — Appellant Vs. ANTIQUE ART EXPORTS PRIVATE LIMITED — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi,…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw
General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw
Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw