Arbitration Archives - Page 27 of 28 - Supreme Court of India Judgements

December 5, 2023 4:33 am

Arbitration Act, 1940 – Sections 20, 2(a) and 2(e) – Reference to arbitration – Consent of parties – Existence of arbitration agreement – Fresh consent of parties before actual reference is not always necessary

Apr 9, 2017 sclaw

AIR 1985 SC 1003 : (1985) 3 CompLJ 298 : (1985) 3 SCC 255 : (1985) 1 SCR 567 Supp : (1986) 1 UJ 520 SUPREME COURT OF INDIA…

Arbitration

Civil Procedure Code, 1908 (CPC) – Section 151 – Purpose of remitting the award under Arbitration Act is to enable the arbitrator to reconsider the decision where the legality was connected with the decision of the award

Apr 9, 2017 sclaw

AIR 1987 SC 841 : (1988) 1 ARBLR 383 : (1987) 1 JT 350 : (1987) 1 SCALE 265 : (1987) 1 SCC 717 : (1987) 2 SCR 151…

Arbitration

Arbitration Act, 1940 – Section 30 – Misconduct – Natural justice – Hearing one party in the absence of the other – Violation of principles of natural justice – Award vitiated

Apr 9, 2017 sclaw

AIR 1953 SC 21 : (1953) 4 SCR 119 SUPREME COURT OF INDIA PAYYAVULA VENGAMMA — Appellant Vs. PAYYAVULA KESANNA AND OTHERS — Respondent ( Before : N. Chandrasekhara…

Arbitration

Arbitration Act, 1940 – Section 34 – Stay of suit – Considerations for – Apprehended unfairness of Arbitrator – The Court may release a person from Arbitration on the ground of unfairness in selection of Arbitrator.

Apr 9, 2017 sclaw

AIR 1967 SC 249 : (1966) SCR 215 Supp SUPREME COURT OF INDIA UTTAR PRADESH CO-OPERATIVE FEDERATION LTD. — Appellant Vs. SUNDER BROTHERS OF DELHI — Respondent ( Before…

Arbitration

Arbitration Act, 1940 – Section 33 – Arbitration clause – Scope of – The clause entailing reference of dispute to arbitrator – Dispute about dissolution of Partnership by an Agreement is covered by such Arbitration Clause.

Apr 9, 2017 sclaw

AIR 1971 SC 1653 : (1970) 2 SCC 724 : (1971) 2 SCR 99 SUPREME COURT OF INDIA ERACH F.D. MEHTA — Appellant Vs. MINOO F.D. MEHTA — Respondent (…

Arbitration

Arbitrator–Dissolution of firm–One of the respondent was not party to arbitration clause–High Court rightly allowed the application for appointment of sole arbitrator for all the parties concerned.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.814 of 2007 Vipin…

Arbitration

Arbitration Act, 1940 – Section 14(2) – Filing of award – Court – Meaning of – The expression is not limited to the definition of court under the Act – The award should be filed before the court which appointed Arbitrator.

Apr 7, 2017 sclaw

AIR 1972 SC 1507 : (1972) 1 SCC 702 : (1972) 3 SCR 233 SUPREME COURT OF INDIA STATE OF MADHYA PRADESH — Appellant Vs. SAITH AND SKELTON (P)…

Arbitration

Arbitration Act, 1940 – Schedule I, Rule 4 – Jurisdiction of Umpire – Failure of Arbitrator to make award within a stipulated time – Umpire is competent to enter upon the reference without any order from court.

Apr 7, 2017 sclaw

AIR 1975 SC 230 : AIR 1974 SC 230 : (1975) 1 SCC 289 : (1975) 2 SCR 811 : (1975) 7 UJ 2 SUPREME COURT OF INDIA N.…

Arbitration

Arbitration Act, 1940 – Section 30 – Challenge to award – Procedure – Objections to award not filed – Challenge by way of writ petition is not maintainable.

Apr 7, 2017 sclaw

AIR 1981 SC 479 : (1980) 4 SCC 556 : (1980) 12 UJ 988 SUPREME COURT OF INDIA SMT. RUKMANIBAI GUPTA — Appellant Vs. COLLECTOR JABALPUR AND OTHERS — Respondent…

Arbitration

Arbitration Act, 1940 – Sections 30 and 33 – Error of law – Specific reference to arbitrator – Effect of – Scope of arbitration clause referred to arbitrator

Apr 7, 2017 sclaw

AIR 1984 SC 1072 : (1984) 2 CompLJ 1 : (1984) 1 SCALE 411 : (1984) 2 SCC 680 : (1984) 3 SCR 118 SUPREME COURT OF INDIA TARAPORE AND…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw

Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw

I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw

Category: Arbitration

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