Arbitration Archives - Page 20 of 30 - Supreme Court of India Judgements

April 20, 2025 4:20 am

Arbitration Agreement—Arbitration clause has to be interpreted strictly– the insurance company has completely denied their liability and repudiated the claim of respondents—Therefore, making the arbitration clause ineffective and incapable of being enforced—Reference to arbitration cannot be made—Directed accordingly.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3288 : 2018 LawHerald.org 1791 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Arbitration

Arbitral award–Looking at the charitable cause for establishing a college dispute with construction company solved by ordering lump sum amount without going on merits of claims and counter claims.

Dec 27, 2018 sclaw

2009(1) LAW HERALD (SC) 37 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 7012 of…

Arbitration

Arbitration Agreement –Contract–Valid contract–In the absence of signed agreement between the parties, it would be possible to infer from various documents duly approved and signed by the parties in the form of exchange of e-mails, letter, telex, telegrams and other means of tele-communication.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam Arbitration Petition No. 10 of 2009 Trimex International FZE Ltd. Dubai v.…

Arbitration

Arbitration Agreement—Need not to be signed in all circumstances to make it valid

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3003 : 2018 LawHerald.org 1776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal Nos.…

Arbitration

Arbitration—Place of Arbitration—The word ‘determination’requires a positive act to be done— The sittings at various places are relatable to venue—It cannot be equated with the seat of arbitration or place of arbitration which has a different connotation.

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 2961 : 2018 LawHerald.org 1769 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Arbitration

Arbitration & Conciliation Act, 1996, S.34—Award-Objections-Court while deciding a section 34 petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision.

Dec 20, 2018 sclaw

2018(4) Law Herald (SC) 2913 : 2018 LawHerald.Org 1748 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal No.…

Arbitration

Interest–The expression ‘appeal’ used in Section 7 of the Interest Act includes an application to set aside the arbitral award filed under Section 34 of the Arbitration Act, 1996.

Dec 1, 2018 sclaw

2010(1) LAW HERALD (SC) 596 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 10 of 2010…

Arbitration

Arbitration–Award–Lack of detailed reasons cannot be claimed as an infirmity and the Award can only be accepted

Nov 22, 2018 sclaw

2010(1) LAW HERALD (SC) 466 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Mr. Justice B.S.…

Arbitration

Award–High Court while examining objections to the well reasoned award under Section 30 of the Act, 1940, cannot re-appreciate the evidence led by parties before arbitrator to substitute its own opinion.

Nov 22, 2018 sclaw

2010(1) LAW HERALD (SC) 436 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 8019 of…

Arbitration

Arbitration–Award–Court not to upheld or set aside the unreasoned award by giving its own reasons–Matter should be remitted back to arbitral tribunal to pass a reasoned award.

Nov 16, 2018 sclaw

2010(1) LAW HERALD (SC) 331 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No. 3089 of 2006…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw

Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw

Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw

Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw

Category: Arbitration

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