Arbitration Archives - Page 29 of 31 - Supreme Court of India Judgements

June 20, 2025 12:59 pm

Arbitration Act, 1940 – Sections 19 and 16 (3) – Supersession of reference – Effect of application – Mere filing of an application cannot affect award already made before that date and filing the application.

Apr 9, 2017 sclaw

AIR 1962 SC 671 : (1962) 1 SCR 784 SUPREME COURT OF INDIA B. SUBBARAMA NAIDU — Appellant Vs. B. SIDDAMMA NAIDU AND OTHERS — Respondent ( Before :…

Arbitration

Arbitration Act, 1940 – Section 34 – Stay of suit – Considerations for – Existence of dispute – Determination of – Dispute distinct from the contract in question – Stay of proceedings is not called for.

Apr 9, 2017 sclaw

AIR 1967 SC 688 : (1964) 2 SCR 599 SUPREME COURT OF INDIA UNION OF INDIA (UOI) — Appellant Vs. BIRLA COTTON SPINNING AND WEAVING MILLS LTD. — Respondent (…

Arbitration

Arbitration Act, 1940 – Section 20 – Filing of agreement – Subsequent agreement – Effect of – Arbitration agreement entered into while suit already pending

Apr 9, 2017 sclaw

AIR 1966 SC 402 : (1966) 1 SCR 689 SUPREME COURT OF INDIA RAMVALLABH TIBREWALLA — Appellant Vs. DWARKADAS AND CO. — Respondent ( Before : R. S. Bachawat, J;…

Arbitration

Arbitration Act, 1940 – Section 14 – Limitation Act, 1908 – Article 158 – Limitation – Commencement of – Determination of – Absence of proof – Service of notice of filing of award – Effect of.

Apr 9, 2017 sclaw

AIR 1970 SC 967 : (1969) 3 SCC 447 : (1970) 2 SCR 903 SUPREME COURT OF INDIA DEWAN SINGH — Appellant Vs. CHAMPAT SINGH AND OTHERS — Respondent…

Arbitration

Arbitrator–Appointment of–As and when a question in regard to the validity or otherwise of the arbitration agreement arises, a judicial authority would have the jurisdiction under certain circumstances to go into the said question.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1094 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha Civil Appeal No. 18 of 2005 India House hold and Health Care…

Arbitration

Granting stay under Section 34 is of course discretionary as the section indicates but the occasion for the exercise of discretion does not arise unless all the conditions stated in the section are fulfilled.

Apr 9, 2017 sclaw

AIR 1975 SC 469 : AIR 1974 SC 469 : (1975) 4 SCC 815 : (1975) 3 SCR 146 : (1975) 7 UJ 137 SUPREME COURT OF INDIA FOOD…

Arbitration

Arbitration Act, 1940 – Section 20 – Arbitration clauses in agreements entered into with Company by officers of the Jammu and Kashmir Forest Department – Agreements executed after notifications by Government empowering the officers came into force – Validity of agreements upheld.

Apr 9, 2017 sclaw

AIR 1977 SC 151 : (1976) 4 SCC 497 : (1977) 1 SCR 937 SUPREME COURT OF INDIA TIMBER KASHMIR PRIVATE LTD. — Appellant Vs. THE CONSERVATOR OF FORESTS,…

Arbitration

Arbitration Act, 1940 – Section 8(1)(b) – Supply of vacancy – Power of court – Where the agreement shows that the parties intended to supply the vacancy, the court has no jurisdiction to appoint the arbitrator.

Apr 9, 2017 sclaw

AIR 1980 SC 103 : (1979) 4 SCC 21 : (1980) 1 SCR 128 SUPREME COURT OF INDIA UNION OF INDIA — Appellant Vs. R.B. CH. RAGHUNATH SINGH AND…

Arbitration

Arbitration Act, 1940 – Sections 8 and 20 – Appointment of arbitrator – Bias – Contract stipulating reference to Superintending Engineer unconnected work contract – Appointment of a Superintending Engineer subordinate to the appointing authority is valid.

Apr 9, 2017 sclaw

AIR 1984 SC 234 : (1983) 2 SCALE 606 : (1984) 3 SCC 627 SUPREME COURT OF INDIA EXECUTIVE ENGINEER, IRRIGATION DIVISION, PURI — Appellant Vs. GANGARAM CHHAPOLIA —…

Arbitration

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…

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

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Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

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C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

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Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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Category: Arbitration

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