Supreme Court of India Judgements

46915 Judgements hosted as on 02/11/2025 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

Arbitration

HELD the scope of jurisdiction of a court, under Section 30/33 of the Act, never extended beyond discerning if the award disclosed an “error apparent on the face of the award” which is an “error of law apparent on the face of the award and not an error of fact. The error of law can be discovered from the award itself or from a document actually incorporated therein

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S S.D. SHINDE TR. PARTNER — Appellant Vs. GOVT. OF MAHARASHTRA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Arbitration

Arbitration and Conciliation Act 1996 – Ss 34 & 37 – The scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction.[3] It is well-settled that courts ought not to interfere with the arbitral award in a casual and cavalier manner. The mere possibility of an alternative view on facts or interpretation of the contract does not entitle courts to reverse the findings of the Arbitral Tribunal

Aug 22, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH KONKAN RAILWAY CORPORATION LIMITED — Appellant Vs. CHENAB BRIDGE PROJECT UNDERTAKING — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…

Arbitration

Arbitration and Conciliation Act 1996 – Section 8 – Reference to Arbitration – Non-family shareholdings, in any event, cannot be bound by the terms of Memorandum of Understanding (MoU) since they are not parties to the document – Order referring the suit to arbitration under Section 8 of the Act, 1996 set aside – Appeal allowed.

Jul 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH VINOD KUMAR SACHDEVA (DEAD) THR LRS. — Appellant Vs. ASHOK KUMAR SACHDEVA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

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…

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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