Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration—Interest on Award—In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest awarded would be governed by the law of the seat of arbitration Arbitration—Interest on Award—International commercial agreement–When the parties do not operate in the same currency, a uniform rate of interest for both the currencies would not be justified

Feb 20, 2019 sclaw

2019(1) Law Herald (SC) 9 : 2018 LawHerald.Org 1918 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Rohinton Fall Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Arbitration

Arbitration Agreement—Agreement providing for a forum only intended to ascertain some matter for the purpose of preventing differences from arising and not for settling them after they have arisen—Such a forum cannot be held to be providing of arbitration Arbitration Agreement—If the jurisdiction of Designated Officer/ Appellant authority cannot be invoked by both the parties to dispute then such a forum cannot be held to be providing of arbitration

Feb 5, 2019 sclaw

2018(4) Law Herald (SC) 3143 : 2018 LawHerald.Org 1854 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.11249…

Arbitration

Arbitrator–Appointment of the arbitrator named in the arbitration agreement is not a must, but while making the appointment the twin requirements of sub-section (8) of Section 11 have to be kept in view, considered and taken into Account–If it is not done, the appointment becomes vulnerable.

Jan 28, 2019 sclaw

2009(1) LAW HERALD (SC) 329 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab Alam…

Arbitration

Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act

Jan 12, 2019 sclaw

2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…

Arbitration

Arbitrator–Appointment of –High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator–Answer lies in section 11(5) of the Act–Supreme Court appointed a former Judge as arbitrator.

Jan 5, 2019 sclaw

2009(1) LAW HERALD (SC) 157 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 107 of 2009…

Arbitration

Territorial Jurisdiction–Ouster clause–Agreement between parties that only Courts at Jaipur alone would have jurisdiction–Even though Courts at Calcutta would have jurisdiction but in view of ouster clause it would only the Courts at Jaipur which would have jurisdiction to entertain such proceeding.

Dec 31, 2018 sclaw

2009(1) LAW HERALD (SC) 81 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal Nos. 5430-5431 of…

Arbitration

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…

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Bail Declined

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Bail — Cancellation of Bail — Appeal against High Court order granting bail — Supreme Court can interfere if bail order is based on extraneous considerations or ignores relevant material, distinct from cancellation for misuse of bail.

Feb 25, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.

Feb 22, 2026 sclaw
Constitution

. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.

Feb 22, 2026 sclaw
Service

Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.

Feb 22, 2026 sclaw