Supreme Court of India Judgements

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Category: Arbitration

Arbitration

“Arbitration Clause Dispute Settled: Supreme Court Rules Against Appointing Sole Arbitrator in Weir Construction Contract” – The Court analyzed the applicability of the arbitration clause and found that a general reference to the tender documents does not incorporate the arbitration clause into the contract – The Court discussed the conditions under which an arbitration clause from one document can be incorporated into another contract, emphasizing the need for a specific reference to the arbitration clause – The Court concluded that the arbitration clause does not apply to the contract between NBCC and Zillion and set aside the High Court’s orders, directing that disputes be resolved through civil courts in Delhi.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NBCC (INDIA) LIMITED — Appellant Vs. ZILLION INFRA PROJECTS PVT. LTD. — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil…

Arbitration Limitation

Arbitration and Conciliation Act, 1996 – Section 11(6) – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 – The court allows the petition and appoints a former judge of the Supreme Court as the sole arbitrator – The court also suggests that the Parliament should consider bringing an amendment to the Act, 1996 prescribing a specific period of limitation for filing an application under Section 11 of the Act, 1996

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S ARIF AZIM CO. LTD. — Appellant Vs. M/S APTECH LTD — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Arbitral award – Jurisdiction to modify – Any court under Section 34 would have no jurisdiction to modify the arbitral award – Any attempt to “modify an award” under Section 34 would amount to “crossing the Lakshman Rekha” – Arbitral proceedings are per se not comparable to judicial proceedings before the Court.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S.V. SAMUDRAM — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 8 – Reference to Arbitration Clause – A plea of fraud – Two conditions which must be satisfied before the Court can refuse to refer the matter to the Arbitrator, a forum consciously decided by parties in an agreement – First is whether the plea permeates the entire contract and above all, the arbitration agreement, rendering it void or secondly, whether the allegation of fraud touches upon the internal affairs of the parties inter se having no implication in the public domain

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHMA SHIVKUMAR DAGA AND ANOTHER — Appellant Vs. MADHURKUMAR RAMKRISHNAJI BAJAJ AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ.…

Arbitration Contract Act Stamp Act

Stamp Act, 1899 – Section 35 – Contract Act 1872 – Section 2(g) – Arbitration and Conciliation Act 1996 – Sections 8 and 11 – Arbitration – Enforceability of Unstamped Agreements – Unstamped Arbitration Agreements Not Void – Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act – Such agreements are not rendered void or void ab initio or unenforceable

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA SEVEN JUDGE BENCH IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 ( Before : Dr…

Arbitration Constitution

Arbitration and Conciliation Act, 1996 – Section 2(1)(h) read with Section 7 – Arbitration Proceedings – Applicability of Group of Companies Doctrine – Group of Companies doctrine is applicable to arbitration proceedings – Definition of “parties” under Section 2(1)(h) read with Section 7 of the Arbitration Act includes both the signatory as well as non-signatory parties

Dec 10, 2023 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH COX AND KINGS LTD. — Appellant Vs. SAP INDIA PVT. LTD. AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Hrishikesh…

Arbitration

As to procedural unconscionability, the Court finds that this was a contract of adhesion. The terms of the contract were not negotiated and Plaintiff had relatively little economic strength in the transaction. As to substantive unconscionability, the arbitration clause is unreasonable insofar as it requires Plaintiff to travel to Okaloosa County, Florida for the arbitration. In many circumstances requiring a consumer to travel a substantial distance to arbitrate a claim has been found to be unreasonable

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH LOMBARDI ENGINEERING LIMITED — Appellant Vs. UTTARAKHAND JAL VIDYUT NIGAM LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., J.B. Pardiwala and…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 37 – Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision, does conflict with the fundamental public policy and cannot, therefore, sustain – A judicial decision of a superior court, which is binding on an inferior court, has to be accepted with grace by the inferior court notwithstanding that the decision of the superior court may not be palatable to the inferior court – This principle, ex proprio vigore, would be applicable to an arbitrator and a multi-member arbitral tribunal as well

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S UNIBROS — Appellant Vs. ALL INDIA RADIO — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Civil Appeal No.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 12 – Arbitral award – Ground for challenge – Fee increase can be resorted to only with the agreement of parties; in the event of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator – Yet, whether the breach of that rule, as in the present case, by insisting that the increase of fee should prevail does not in this court’s opinion, amount to a per se ineligibility, reaching to the level of voiding the tribunal’s appointment, and terminating its mandate

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHENNAI METRO RAIL LIMITED ADMINISTRATIVE BUILDING — Appellant Vs. M/S TRANSTONNELSTROY AFCONS (JV) AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw