Arbitration Archives - Page 21 of 30 - Supreme Court of India Judgements

April 20, 2025 2:52 am

Arbitration–If one party demands appointment of an arbitrator and the other party does not appoint any Arbitrator within thirty days of such demand, the right to appointment at the instance of one of the parties does not get automatically forfeited

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 133 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 8230 of 2009…

Arbitration

Arbitration—Limitation for challenging award under S.34 of the Act cannot be extended with aid of S. 17 of Limitation Act.

Nov 7, 2018 sclaw

2018(3) Law Herald (SC) 2395 : 2018 LawHerald.Org 1597 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…

Arbitration

Arbitration—Award—Agreement between parties not to claim interest on security depositor any amounts payable to the contractor under the contract does not debar the arbitrator from granting interest pendente lite

Nov 5, 2018 sclaw

2018(3) Law Herald (SC) 1801 :2018 LawHerald.Org 1253 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal Nos. 5964-5965…

Arbitration

Arbitration—Objection—Limitation period mentioned in S.34(3) would start running only from date of disposal of application under S.33

Oct 14, 2018 sclaw

2018(3) Law Herald (SC) 2079 : 2018 LawHerald.Org 1435 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Nariman Hon’ble Ms. Justice Indu Malhotra Petition(s) for Special…

Arbitration

Arbitration—Reference to umpire—Umpire has to hear the matter de novo.

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2045 : 2018 LawHerald.Org 1428 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 3776…

Arbitration Consumer

Consumer—Written Statement—Period of filing within 45 days and not beyond that—Judgment of J,J. Merchant and New India Assurance case distinguished and period held to be directory– Arbitration—Objections—Prior Notice—Provision of 5.34(5) of the Act held to be directory/ and not mandatory

Oct 2, 2018 sclaw

2038(3) Law Herald (SC) 1965 : 2018 LawHerald.Org 1411 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

Arbitration

Arbitration Agreement—Clause which is inserted in an Agreement for the purpose of prevention of a dispute will not be an arbitration agreement.

Sep 18, 2018 sclaw

2018(3) Law Herald (SC) 1914 : 2018 LawHerald.Org 1405 SUPREME COURT OF INDIA DIVISION BENCH SHYAM SUNDER AGARWAL — Appellant Vs. P. NAROTHAM RAO — Respondent ( Before : R.F. Nariman and Indu…

Arbitration

Arbitrator—Appointment of—If a clause stipulates that under certain circumstances there can be no arbitration, and they are demonstrably clear then the appointment of arbitrator cannot be made.

Sep 12, 2018 sclaw

2018(2) Law Herald (SC) 754 : 2018 LawHerald.Org 1024 SUPREME COURT OF INDIA FULL BENCH ORIENTAL INSURANCE COMPANY LIMITED — Appellant Vs. M/S NARBHERAM POWER AND STEEL PVT. LTD. — Respondent ( Before : Dipak…

Arbitration

Arbitration—Execution of Award—Enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed.

Sep 10, 2018 sclaw

2018(2) Law Herald (SC) 710 : 2018 LawHerald.Org 1016 SUPREME COURT OF INDIA FULL BENCH CHERAN PROPERTIES LIMITED — Appellant Vs. KASTURI AND SONS LIMITED — Respondent ( Before : Dipak Misra, CJI., A.M.…

Arbitration

Arbitration—Objections—Exclusion of Part-1—The place of arbitration determines the law that will apply to the arbitration and related matters like challenges to the award etc.

Aug 19, 2018 sclaw

(2017) 173 AIC 68 : (2017) AIR(SCW) 1372 : (2017) 3 AIRBomR 283 : (2017) AIR(SC) 1372 : (2018) 1 ALLMR 482 : (2017) 3 AndhLD 166 : (2017) 2…

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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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