Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Arbitration

Arbitration

Appointment of Arbitrator – Absence of Written Agreement – HELD the parties themselves agreed on a procedure for appointment of the arbitrator and appointed and nominated an arbitrator by mutual consent – Therefore, the application under section 11(6) of the Act, 1996 was not maintainable at all.

May 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SWADESH KUMAR AGARWAL — Appellant Vs. DINESH KUMAR AGARWAL AND OTHERS, ETC., ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration

HELD The Arbitral Tribunal, therefore, has rightly given effect to the specific agreement between the parties with regard to the rate of interest. We find that the arbitral award has been passed in consonance with the provisions as contained in clause (a) of sub-section (7) of Section 31 of the 1996 Act and specifically, in consonance with the phrase “unless otherwise agreed by the parties”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Arbitration

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (State Act), which has the effect of annulling the awards which have become “Rules of Court”, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT AND OTHERS — Appellant Vs. JAMES VARGHESE AND OTHERS — Respondent ( Before : L. Nageswara…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 7, 8 and 16 – Group of companies doctrine – An arbitration agreement which has been entered into by a company within a group of companies, can bind its non-signatory affiliates or sister concerns if the circumstances demonstrate a mutual intention of the parties to bind both the signatory and affiliated, non-signatory parties.

May 3, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Micro, Small and Medium Enterprise Development Act, 2006 – Section 19 – While challenge to award under section 34 of the Arbitration Act, 1996 – Pre-deposit of 75% of the awarded amount under section 19 of the MSMED Act, 2006 is a mandatory requirement.

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TIRUPATI STEELS — Appellant Vs. M/S SHUBH INDUSTRIAL COMPONENT AND ANOTHER — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 – Objections under Section 34 of the Act did require consideration and in-depth examination and should not have been dismissed without proper and full application of mind with reference to the provisions of the Limitation Act and the Act.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA URBAN DEVELOPMENT AUTHORITY, KARNAL — Appellant Vs. M/S. MEHTA CONSTRUCTION COMPANY AND ANOTHER — Respondent ( Before : Ajay Rastogi and Sanjiv Khanna,…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw