Arbitration Archives - Page 22 of 31 - Supreme Court of India Judgements

November 21, 2025 10:06 am

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…

Arbitration

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…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw

General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw

Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw

Category: Arbitration

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