Arbitration Archives - Page 26 of 30 - Supreme Court of India Judgements

April 10, 2025 5:27 pm

Arbitration and Conciliation Act, 1996—Arbitral Award—Contract on turkey basis–Dispute arose—Arbitral Tribunal formed

May 13, 2017 sclaw

2007(4) LAW HERALD (SC) 2805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4079-80 of 2007…

Arbitration

Arbitration Agreement—Dispute which can be tackled by arbitrator in terms of arbitration clause; should not ordinarily be adjudicated by courts. Arbitration agreement—The photocopies of the lease agreements could be taken on record under Section 8 of the Arbitration Act for ascertaining the existence of arbitration clause.

May 7, 2017 sclaw

2007(4) LAW HERALD (SC) 2641 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. 2016 of…

Arbitration

Commission to nominate the arbitrator under Section 86 of Act of 2003 – Act of 2003 has provided for arbitration of disputes between licensees and generating companies by the Commission or its nominated arbitrator – Special law overrides the general law – Section 11 of the 1996 Act has no application on such dispute.

May 1, 2017 sclaw

AIR 2008 SC 1921 : (2008) 2 ARBLR 1 : (2008) 1 CLT 841 : (2008) 2 CompLJ 357 : (2008) 4 CTC 539 : (2008) ELR 1 :…

Arbitration

Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia Arbitration Petition No. 8 of 2007 (Under Section 11 (6) of…

Arbitration

Arbitrator—Appointment of—Procedure agreed upon between the parties for foundation of tribunal broke down—Parties are justified in approaching to Chief Justice of India for appointment of Chairman.

Apr 26, 2017 sclaw

2007(3) LAW HERALD (SC) 2404 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan Arbitration Petition No. 11 of 2006 (Under Section 11(6) of the…

Arbitration

Arbitration Act, 1940 – Section 30 – Arbitrator – Appointment of – Dispute relating to contract for construction of quarters – Erstwhile officer of undertaking who had dealt with matter and had correspondence with contractor at relevant time cannot continue as arbitrator – Proposal not fair to either party.

Apr 23, 2017 sclaw

AIR 2001 SC 1179 : (2001) 3 JT 293 : (2001) 2 SCALE 159 : (1995) 1 SCALE 705 : (2001) 4 SCC 86 : (2001) 1 SCR 1152…

Arbitration

Arbitration agreement—Interim measure by tribunal–It is not possible to keep out the concept of balance of convenience, prima facie case, irreparable injury and the concept of just and convenient while passing interim measures under Section 9 of the Act.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2245 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 6569 of 2005…

Arbitration

Arbitration–Partnership firm—Dissolution of the firm—Arbitration clause does not come to an end—His LRs would be entitled to initiate proceedings.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1999 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A. R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal…

Arbitration

Arbitrator–Appointment of—Limitation—Live issue exists—Question of limitation automatically gets resolved—Where the negotiations were still on there would be no question of starting of the limitation period

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1971 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1523 of…

Arbitration

Arbitration–Contention that the restrictions placed by the Specific Relief Act cannot control the exercise of power under Section 9 of the Act, cannot prima facie be accepted.

Apr 19, 2017 sclaw

2007(3) LAW HERALD (SC) 1923 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2707 of…

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SC/ST

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

Evidence Act

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

Service

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw

Category: Arbitration

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