Arbitration Archives - Page 27 of 31 - Supreme Court of India Judgements

November 21, 2025 4:20 am

Arbitration Act, 1940 – Section 30 – Arbitration award – Setting aside of – Existence of dispute condition precedent – Ground of non-existence of dispute – Whether can be raised for first time in appeal before Supreme Court

May 14, 2017 sclaw

AIR 2000 SC 3185 : (2000) 1 JT 497 Supp : (2000) 7 SCALE 168 : (2000) 8 SCC 1 : (2000) 4 SCR 22 Supp : (2000) AIRSCW 3690…

Arbitration

Arbitrator—Appointment of—It there being an agreed procedure for resolution of disputes by arbitration in accordance with rules of arbitration of India Council of Arbitrator, then Section 11(3) (4) (5) can have no application.

May 14, 2017 sclaw

2007(4) LAW HERALD (SC) 2846 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2386…

Arbitration

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…

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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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