Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of an arbitrator – In a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015

May 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SHREE VISHNU CONSTRUCTIONS — Appellant Vs. THE ENGINEER IN CHIEF MILITARY ENGINEERING SERVICE AND OTHERS — Respondent ( Before : M.R. Shah and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 8 – Reference to arbitration – Non-existence of arbitration agreement in relation to the entire subject-matter of the suit, and when the substantive reliefs claimed in the suits fall outside the arbitration clause in the original licence agreement.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GUJARAT COMPOSITE LIMITED — Appellant Vs. A INFRASTRUCTURE LIMITED AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sudhanshu Dhulia, JJ. ) Civil…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Benefit of exclusion of period during which Court is closed is available only when application for setting aside the award is filed within ‘prescribed period of limitation’ and it is not available in respect of period extendable by the Court in exercise of its discretion.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHIMASHANKAR SAHAKARI SAKKARE KARKHANE NIYAMITA — Appellant Vs. WALCHANDNAGAR INDUSTRIES LIMITED (WIL) — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Reference to arbitration – Jurisdiction – While exercising jurisdiction under Section 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen arbitrator – This is a case where the High Court should have exercised the prima facie test to screen and strike down the ex-facie meritless and dishonest litigation

Apr 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NTPC LIMITED — Appellant Vs. M/S SPML INFRA LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and Pamidighantam Sri Narasimha, JJ.…

Arbitration

HELD the learned Single Judge, therefore, exceeded in its jurisdiction under Section 34 of the Arbitration Act quashing and setting aside the well-reasoned award passed by the learned Arbitral Tribunal on rejecting Claim Nos.33 and 34, which the Division Bench of the High Court has wrongly affirmed.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED — Appellant Vs. M/S NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Filing of additional evidence – Exparte award – before the arbitral tribunal, such evidence was not there and nothing was on record on the amalgamation of the plots – High Court has not committed any error in permitting the respondents to file affidavits/additional evidence in the proceedings under section 34 of the Arbitration Act.

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ALPINE HOUSING DEVELOPMENT CORPORATION PRIVATE LIMITED — Appellant Vs. ASHOK S. DHARIWAL AND OTHERS — Respondent ( Before : M.R. Shah and C.T.…

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Accident I P C

Penal Code, 1860 (IPC) — Section 304A — Rash and Negligent Driving — The court found that the accused was driving his vehicle in a rash and negligent manner, which caused the death of one person and injuries to another — The prosecution presented evidence demonstrating that the accused’s vehicle hit the motorcycle from behind — This is corroborated by witness testimony and the fact that the motorcycle was dragged a considerable distance — The court dismissed the defence’s argument that the incident was due to contributory negligence, pointing out that the road was wide enough for the accused to avoid the collision and that there was no evidence of a sudden turn by the victim — The courts also noted the accused’s failure to provide a reasonable explanation when questioned about the incriminating evidence — The fact that the victim suffered 19 wounds also supports the court’s conclusion that the accused’s driving was rash and negligent —The court rejected the petitioner’s plea for leniency due to his family circumstances, emphasizing that the accused’s actions caused a death — Based on the above points, the court upheld the conviction and sentence passed by the trial court and confirmed by the High Court.

Dec 27, 2024 sclaw
Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw