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

February 22, 2025 9:26 pm

Arbitration Act, 1940 – Section 30 – Challenge to award – Procedure – Objections to award not filed – Challenge by way of writ petition is not maintainable.

Apr 7, 2017 sclaw

AIR 1981 SC 479 : (1980) 4 SCC 556 : (1980) 12 UJ 988 SUPREME COURT OF INDIA SMT. RUKMANIBAI GUPTA — Appellant Vs. COLLECTOR JABALPUR AND OTHERS — Respondent…

Arbitration

Arbitration Act, 1940 – Sections 30 and 33 – Error of law – Specific reference to arbitrator – Effect of – Scope of arbitration clause referred to arbitrator

Apr 7, 2017 sclaw

AIR 1984 SC 1072 : (1984) 2 CompLJ 1 : (1984) 1 SCALE 411 : (1984) 2 SCC 680 : (1984) 3 SCR 118 SUPREME COURT OF INDIA TARAPORE AND…

Arbitration

Arbitration Act, 1940 – Sections 30 and 33 – Arbitration award – Interference by Court – Scope of –

Apr 7, 2017 sclaw

AIR 1987 SC 81 : (1987) 1 ARBLR 29 : (1986) JT 818 : (1986) 2 SCALE 756 : (1986) 1 SCC 506 Supp : (1987) 1 UJ 247 SUPREME…

Arbitration

Arbitration–Term ‘dispute’–Must be given its general meaning under the 1996. Arbitration–Where there exists an arbitration agreement, the Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 625 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 326 of 2007…

Arbitration

Non speaking awards–Award passed under the old Act could not be set-aside on the ground that they were not supported by reasons & were not speaking one.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 568 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 266 of…

Arbitration

Arbitration agreement—Conduct of the parties—Parties accepted that there was an arbitration agreement & proceeded on that basis

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before Hon’ble Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No. 149 of 2007 Krishna…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: Arbitration

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