Supreme Court of India Judgements

46054 Judgements hosted as on 15/11/2023 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 11(6), 12 and 12(5) – Appointment of Sole Arbitrator – Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S GLOCK ASIA-PACIFIC LTD. — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha and…

Arbitration Limitation

Bank guarantee encashed in 2016 requisite amount stood transferred to Government account that was the end of the matter – This “Breaking Point” should be treated as the date at which the cause of action arose – statutory time period cannot be defeated on the ground that the parties were negotiating

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S B AND T AG — Appellant Vs. MINISTRY OF DEFENCE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J. B.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – It is the duty of the referral court to decide the said issue first conclusively to protect the parties from being forced to arbitrate when there does not exist any arbitration agreement and/or when there is no valid arbitration agreement at all.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAGIC EYE DEVELOPERS PVT. LTD. — Appellant Vs. M/S. GREEN EDGE INFRASTRUCTURE PVT. LTD. AND OTHERS ETC. — Respondent ( Before : M.R. Shah…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of an arbitrator – In a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015

May 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SHREE VISHNU CONSTRUCTIONS — Appellant Vs. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE AND OTHERS — Respondent ( Before : M.R. Shah and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 8 – Reference to arbitration – Non-existence of arbitration agreement in relation to the entire subject-matter of the suit, and when the substantive reliefs claimed in the suits fall outside the arbitration clause in the original licence agreement.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GUJARAT COMPOSITE LIMITED — Appellant Vs. A INFRASTRUCTURE LIMITED AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sudhanshu Dhulia, JJ. ) Civil…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw
Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw