Supreme Court of India Judgements

46830 Judgements hosted as on 05/08/2025 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 11(6), 12 and 12(5) – Appointment of Sole Arbitrator – Arbitration clause which authorises the Secretary, Ministry of Home Affairs, whose relationship with Union of India is that of an employee, to nominate an officer of the Ministry of Law and Justice to act as a Sole Arbitrator, clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with Section 12(5) of the Act

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S GLOCK ASIA-PACIFIC LTD. — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha and…

Arbitration Limitation

Bank guarantee encashed in 2016 requisite amount stood transferred to Government account that was the end of the matter – This “Breaking Point” should be treated as the date at which the cause of action arose – statutory time period cannot be defeated on the ground that the parties were negotiating

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S B AND T AG — Appellant Vs. MINISTRY OF DEFENCE — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J. B.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – It is the duty of the referral court to decide the said issue first conclusively to protect the parties from being forced to arbitrate when there does not exist any arbitration agreement and/or when there is no valid arbitration agreement at all.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAGIC EYE DEVELOPERS PVT. LTD. — Appellant Vs. M/S. GREEN EDGE INFRASTRUCTURE PVT. LTD. AND OTHERS ETC. — Respondent ( Before : M.R. Shah…

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…

You missed

Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw
C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw