Arbitration Archives - Page 30 of 31 - Supreme Court of India Judgements

October 23, 2025 10:30 am

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…

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…

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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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