Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Section 12 – Arbitral award – Ground for challenge – Fee increase can be resorted to only with the agreement of parties; in the event of disagreement by one party, the tribunal has to continue with the previous arrangement, or decline to act as arbitrator – Yet, whether the breach of that rule, as in the present case, by insisting that the increase of fee should prevail does not in this court’s opinion, amount to a per se ineligibility, reaching to the level of voiding the tribunal’s appointment, and terminating its mandate

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHENNAI METRO RAIL LIMITED ADMINISTRATIVE BUILDING — Appellant Vs. M/S TRANSTONNELSTROY AFCONS (JV) AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Majority award – A dissenting opinion cannot be treated as an award if the majority award is set aside – When a majority award is challenged by the aggrieved party, the focus of the court and the aggrieved party is to point out the errors or illegalities in the majority award

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S HINDUSTAN CONSTRUCTION COMPANY LIMITED — Appellant Vs. M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA — Respondent ( Before : S. Ravindra Bhat and Aravind…

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.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw