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

October 23, 2025 10:59 pm

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…

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…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: Arbitration

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