Arbitration Archives - Page 26 of 31 - Supreme Court of India Judgements

November 21, 2025 5:33 am

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…

Arbitration

The reference to arbitrator does not suggest an obligation having been cast on the arbitrator to give reasons for the award. Such a plea, as has been urged in this Court, was not taken by the Respondents before the arbitrator. Even in the objections filed in the Court, the validity of the award has not been specifically questioned on the ground of its having been given in breach of any obligation of the arbitrator to give reasons as spelled out by the arbitration clause

May 30, 2017 sclaw

AIR 2015 SC 125 : (2014) AIRSCW 5458 : (2014) 10 SCALE 313 : (2014) 9 SCC 212 : AIR 2015 SC 125 : (2014) 3 ARBLR 470 :…

Arbitration C P C

Civil Procedure Code, 1908 (CPC) – Order 3, Rule 1 – Appointment of pleader – Consent by Advocate for appointment of arbitrator despite stand taken by appellants in their written statement – Concession made by Advocate binding on party whom he represents.

May 29, 2017 sclaw

AIR 2006 SC 3335 : (2006) 3 ARBLR 603 : (2006) 12 JT 25 : (2006) 9 SCALE 217 : (2006) 8 SCC 279 : (2006) 6 SCR 93…

Arbitration

Arbitrator—Appointment of—Appellant agreed to deposit security amount before initiation of proceedings, as agreed—Matter reffered to Arbitration Tribunal, whose existence was doubted.

May 28, 2017 sclaw

2007(4) LAW HERALD (SC) 3031 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4576 of…

Arbitration

Arbitrator–Appointment of—It cannot be laid as an abstract proposition that whenever the contracted work is completed, all the rights and obligations of the parties under the contract, ipso facto, come to an end and the arbitration agreement also perishes with the contract.

May 26, 2017 sclaw

2007(4) LAW HERALD (SC) 2993 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain Arbitration Petition 17 of 2006 DHV BV v. Tahal Consulting Engineers Ltd.…

Arbitration

Award—Non-speaking order—Scope of interference in a non-speaking award is extremely limited–The Court cannot probe into the mental process of the arbitrator.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2958 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 2668 of 2007…

Arbitration

Arbitrator—Appointment of—If the parties have entered into an agreement with open eyes, it is not open to ignore it and invoke exercise of powers in Section 11(6).

May 20, 2017 sclaw

2007(4) LAW HERALD (SC) 2898 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker Arbitration Petition 12 of 2007 [Under Section 11(6) read with Section…

Arbitration

Arbitrator–Appointment of–Power of Chief Justice–Law summed up.

May 15, 2017 sclaw

2007(4) LAW HERALD (SC) 2878 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…

Arbitration

Arbitrator—Appointment of—Once petition under Section 11(6) is filed before the Court, seeking appointment of an arbitrator, the power to appoint an arbitrator in terms of arbitration clause of the agreement ceases.

May 15, 2017 sclaw

2007(4) LAW HERALD (SC) 2870 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3692…

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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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