Arbitration Archives - Page 24 of 30 - Supreme Court of India Judgements

April 19, 2025 4:04 pm

Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.

Sep 26, 2017 sclaw

2017(2) Law Herald (SC) 1478 : 2017 LawHerald.Org 1132 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.5317…

Arbitration

Jurisdiction of Arbitral Tribunal–Though performance of–Contract had not come to an end by efflux of time and it got extended by conduct of the parties–Arbitration agreement exist and tribunal has jurisdiction to entertain the claim.

Sep 7, 2017 sclaw

2007(5) LAW HERALD (SC) 3808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4829 of…

Arbitration

Arbitration and Conciliation Act, 1996, Section 11–Arbitration–Appointment of–Arbitration agreement–Special terms and conditions attached to purchase order–Applicability of

Aug 30, 2017 sclaw

2007(5) LAW HERALD (SC) 3721 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Arbitration

Arbitral award–Execution of cross claim–The applications were in respect of two awards in the same arbitration case and as such the provisions of Rules 18 and 19 of Order XXI of C.P.C. are not applicable.

Jun 27, 2017 sclaw

2007(4) LAW HERALD (SC) 3277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4737 of…

Arbitration

Arbitration—High Court cannot act like an appellate Court and virtually treat as if the appeal arose directly against the award and then proceed to examine all factual findings of the arbitrator by appreciating the evidence.

Jun 16, 2017 sclaw

2016(5) Law Herald (P&H) 3935 (SC) : 2016 LawHerald.Org 1804 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chalameswar The Hon’ble Mr. Justice Abhay Manohar…

Arbitration

Arbitrator—Appointment of—Section 10(1) of the Act provides that the parties are at liberty to determine the number of arbitrators provided such number shall not be an even number. In default of determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator in terms of Section 10(2) of the Act.

Jun 14, 2017 sclaw

2007(4) LAW HERALD (SC) 3206 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Arbitration Petition 1 of 2007 [Under Section 10 (2) read with…

Arbitration

Arbitration—An appeal under Section 50(l)(b) of the 1996 Act before the Division Bench is maintainable.

Jun 11, 2017 sclaw

2016(5) Law Herald (P&H) 3976 (SC) : 2016 LawHerald.Org 1849 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice C. Nagappan Civil…

Arbitration

Arbitration Agreement—Application under S.8 (1) can be filed without original deed or certified copy there of but at the time of consideration by Court of merits original or certified copy has to be brought on record. Arbitration Agreement—Un-registered Partnership Firm—Arbitration Clause in partnership deed—Dispute can be referred to arbitration.

Jun 3, 2017 sclaw

2016(5) Law Herald (P&H) 3773 (SC) : 2016 LawHerald.Org 2022 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mr. Justice Ashok Bhushan Civil…

Arbitration

Arbitration Act, 1940 – Section 14(2) – Award – Application for making the award as Rule of Court – Not necessary that application should contain all or any other papers apart from signed award.

Jun 2, 2017 sclaw

AIR 2004 SC 1269 : (2004) 1 ARBLR 73 : (2004) 5 JT 587 : (2003) 10 SCALE 105 : (2005) 10 SCC 575 SUPREME COURT OF INDIA GURBAX…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 31(5) and Section 34(3) – Arbitral award – Service on agent of party – Signed copy of award has to be delivered to party – When a copy of signed award is not delivered to party himself it would not amount to compliance with provisions of Section 31(5) – Any reference made in Section 31(5) and Section 34(2) can only mean party himself and not his agent or Advocate

May 30, 2017 sclaw

(2012) 4 ARBLR 81 : (2012) 111 CLA 65 : (2013) 115 CLT 468 : (2012) 5 CTC 519 : (2012) 9 JT 111 : (2012) 4 RCR(Civil) 584…

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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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