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

November 12, 2025 5:03 pm

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…

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 (…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw

General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw

Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw

Category: Arbitration

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