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

September 9, 2025 6:15 pm

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…

Arbitration

Arbitration Act, 1940 – Section 14(2) – Filing of award – Court – Meaning of – The expression is not limited to the definition of court under the Act – The award should be filed before the court which appointed Arbitrator.

Apr 7, 2017 sclaw

AIR 1972 SC 1507 : (1972) 1 SCC 702 : (1972) 3 SCR 233 SUPREME COURT OF INDIA STATE OF MADHYA PRADESH — Appellant Vs. SAITH AND SKELTON (P)…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw

Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw

Category: Arbitration

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