Arbitration Archives - Page 23 of 30 - Supreme Court of India Judgements

April 19, 2025 8:30 pm

Insolvency and Bankruptcy Code, 2016, S.14—Moratorium—Arbitral Dispute—Arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is non est in law

May 4, 2018 sclaw

(2017) AIR(SCW) 5124 : (2017) AIR(SC) 5124 : (2018) 1 ICC 236 : (2017) 4 LawHerald(SC) 2590 SUPREME COURT OF INDIA DIVISION BENCH ALCHEMIST ASSET RECONSTRUTION COMPANY LTD. — Appellant Vs. M/S. HOTEL…

Arbitration

Arbitration—Objections—Award, which decides the issue of limitation is an interim award, which being an arbitral award, can be challenged separately and independently under S.34 of the Act.

Apr 24, 2018 sclaw

(2018) 1 ArbiLR 271 : (2018) 1 JT 433 : (2018) 1 LawHerald(SC) 216 : (2018) 1 RCR(Civil) 793 : (2018) 1 SCALE 442 SUPREME COURT OF INDIA DIVISION BENCH M/S INDIAN FARMERS FERTILIZER…

Arbitration

Arbitrator-Appointment of—Once the person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would NOT be eligible- to nominate a person as an arbitrator.

Mar 7, 2018 sclaw

(2017) AIR(SCW) 3889 : (2017) AIR(SC) 3889 : (2017) AllSCR 1633 : (2017) 4 ArbiLR 268 : (2017) 7 JT 17 : (2017) 3 LawHerald 2284 : (2017) 2 LawHerald(SC) 1638 :…

Arbitration

Arbitration and Conciliation Act, 1996, S.37–Appealable Orders—Condonation of Delay-No appeal is provided against an order condoning the delay in filing the letter petition u/s 34 of the Act as such

Feb 21, 2018 sclaw

(2017) 175 AIC 73 : (2017) AIR(SCW) 2119 : (2017) AIR(SC) 2119 : (2017) 3 ALLMR 919 : (2017) 4 ALT 75 : (2017) 4 AndhLD 100 : (2017)…

Arbitration

Arbitrator—Appointment of—Chief Justice or the designated Judge is free to appoint an independent arbitrator, even though an arbitrator is specified in the agreement.

Jan 19, 2018 sclaw

(2017) 175 AIC 242 : (2017) AIR(SCW) 1628 : (2017) AIR(SC) 1628 : (2017) 6 ALLMR 425 : (2017) 3 ArbiLR 14 : (2017) 3 BBCJ 70 : (2017) 3…

Arbitration

Arbitration—Objections— No appeal is provided against an order condoning the delay in filing the petition u/s 34 of the Act as such—Hence, the remedy of Letters Patent Appeal against that decision is not available.

Jan 14, 2018 sclaw

(2017) 175 AIC 73 : (2017) AIR(SCW) 2119 : (2017) AIR(SC) 2119 : (2017) 3 ALLMR 919 : (2017) 4 ALT 75 : (2017) 4 AndhLD 100 : (2017) 3…

Arbitration

Arbitration & Conciliation Act, 1996, S.8-Arbitration Agreement-Civil court has no jurisdiction to entertain a suit after an application under Section 8 of the Act is made for arbitration

Dec 28, 2017 sclaw

(2017) 174 AIC 120 : (2017) AIR(SCW) 1793 : (2017) AIR(SC) 1793 : (2017) 4 ALLMR 982 : (2017) 122 ALR 893 : (2017) 4 ALT 1 : (2017) 4…

Arbitration

Arbitration Law–Interest on award–Little confession in direction of arbitrator–It is presumed that arbitrator has granted simple interest @ 10% p.a. from date of decree till payment in full

Dec 13, 2017 sclaw

2008(1) LAW HERALD (SC) 412 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 12 of 2008 Ghulam…

Arbitration

Arbitrator–Appointment of- -Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator. The arbitrator becomes ineligible as per prescription contained in Section 12(5) of the Act. It is inconceivable in law that person who is statutorily ineligible can nominate a person.

Oct 5, 2017 sclaw

2017(3) Law Herald (P&H) 2284 (SC) : 2017 LawHerald.Org 1222 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Arbitration

Arbitrator–Appointment of–Without verifying the fact that whether notice was duly served to all the respondents–Order set aside.

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4021 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5366 of…

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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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