Arbitration Archives - Page 28 of 31 - Supreme Court of India Judgements

October 23, 2025 6:43 pm

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…

Arbitration

Arbitrator—Appointment of—Whether an arbitration clause comes to an end, if the contract containing such arbitration agreement, was abrogated? NO.

Apr 19, 2017 sclaw

2007(2) LAW HERALD (SC) 1892 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran Arbitration Petition No. 15 of 2006 National Agricultural Co-op. Marketing Federation…

Arbitration

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…

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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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