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

November 6, 2025 10:25 pm

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…

Arbitration

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…

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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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