Arbitration Archives - Page 29 of 33 - Supreme Court of India Judgements

December 21, 2025 7:01 pm

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…

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…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw

Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw

Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw

Category: Arbitration

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