Arbitration Archives - Page 27 of 30 - Supreme Court of India Judgements

February 23, 2025 5:20 pm

Award–Jurisdiction–Agreement—Sole arbitrator at Faridabad—Trial Court at Faridabad has jurisdiction to make the Award the rule of the Court.

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1804 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Civil Appeal No. 1134…

Arbitration

Award—Limitation period of two years for making Award under Section 11-A has to be counted as the last of the dates out of the three modes of publication specified in Section 6 of the Act.

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1778 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C. K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Arbitration

Arbitration Act, 1940 – Sections 13 and 23 – Extra item of work – Dispute about payment of extra items of work – Agreement for upper Ganga canal – Dispute relating to excavation of canal section for which rates not specified in schedule

Apr 16, 2017 sclaw

(1997) 2 ARBLR 589 : (1997) 8 JT 522 : (1997) 6 SCALE 462 : (1997) 11 SCC 645 : (1997) 2 UJ 776 SUPREME COURT OF INDIA RAM…

Arbitration

Arbitrator–Award–Challenge to–High Court had original no jurisdiction to hear the appeal as in terms of Sub-section (2) of Section 37 of the 1996 Act.

Apr 15, 2017 sclaw

2007(2) LAW HERALD (SC) 1752 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4780 of…

Arbitration

Arbitrator—Appointment of—Firstly Arbitrator has to decide existence of arbitration agreement and claim comes within purview of agreement—However, these two aspects are not to be treated as preliminary issue.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1679 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. 2133 of…

Arbitration

Arbitrator—Appointment of—Not permissible to appoint an Arbitrator to adjudicate the disputes, in the absence of an arbitration agreement or mutual consent—Section 89 CPC has no application.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1633 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice R.V. Raveendran Civil Appeal No. 4467 of…

Arbitration

Arbitration—Appointment—Contract stipulates formation of arbitration board—Order of appointment of retired Chief Justice of High Court as sole arbitrator, set aside.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1603 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. 1945 of…

Arbitration

Arbitrator–Award–A deliberate departure from contract amounts to not only manifest disregard of his authority or a misconduct on his part, but it may tantamount to a mala fide action.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1572 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of 2007…

Arbitration

Arbitrator–Jurisdiction of–An arbitrator derives his authority from the contract and if he acts in disregard of the contract, he acts without jurisdiction.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of…

Arbitration

Arbitration Act, 1940 – Section 14(2) – Deemed notice – Application for setting aside award – Counsel filing award at the instance of arbitrator, a third party and did not Act as representative of appellant – Filing of award cannot be construed as notice under Section 14(2) of the Act

Apr 9, 2017 sclaw

AIR 2007 SC 327 : (2006) 4 ARBLR 171 : (2006) 134 CompCas 712 : (2006) 10 JT 238 : (2006) 12 SCALE 211 : (2007) 2 SCC 382…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: Arbitration

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