Arbitration Archives - Page 7 of 30 - Supreme Court of India Judgements

April 18, 2025 1:17 pm

All disputes between the parties to the lease with regard to renewal and/or non-renewal, the period of renewal and the quantum of rent would have be decided by the Arbitrator – Dispute arising out of non-renewal of the lease is clearly arbitrable

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BRIJ RAJ OBEROI — Appellant Vs. THE SECRETARY, TOURISM AND CIVIL AVIATION DEPARTMENT AND ANOTHER — Respondent ( Before : Indira Banerjee and C.…

Arbitration

Constitution of India, 1950 – Article 226 – High Courts cannot entertain plea of executing award passed by arbitral tribunal

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. SHEETAL JAIDEV VADE AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Arbitration

Respondent-claimant earlier initiated the arbitration proceedings under Section 9 of the Arbitration Act in the Court at Vishakhapatnam – Only the High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act – Appeal allowed.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GENERAL MANAGER EAST COAST RAILWAY RAIL SADAN AND ANOTHER — Appellant Vs. HINDUSTAN CONSTRUCTION CO. LTD. — Respondent ( Before : M. R. Shah…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of sole arbitrator – No arbitration agreement between the parties – Invocation of the jurisdiction of the High Court under Section 11(6) of the 1996 Act was not valid.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MAHANADI COALFIELDS LTD AND ANOTHER — Appellant Vs. M/S IVRCL AMR JOINT VENTURE — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and A…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Once an arbitrator is not appointed as per the agreed procedure within stipulated time, right of the party concerned to appoint an arbitrator is forfeited.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S CONTINENTAL INDIA PRIVATE LIMITED — Appellant Vs. GENERAL MANAGER NORTHERN RAILWAY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Arbitration

HELD arbitration proceedings earlier initiated in the Court at Vishakhapatnam only High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act and not Orrisa High court

Jul 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GENERAL MANAGER EAST COAST RAILWAY RAIL SADAN AND ANOTHER — Appellant Vs. HINDUSTAN CONSTRUCTION CO. LTD. — Respondent ( Before : M. R. Shah…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator – Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to ‘accord and satisfaction’ of the claims.

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LIMITED — Appellant Vs. NCC LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Arbitration

Questions of law – Whether the Group of Companies Doctrine should be read into Section 8 of the Act or whether it can exist in Indian jurisprudence independent of any statutory provision? – Issues referred to larger bench.

May 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH COX AND KINGS LIMITED — Appellant Vs. SAP INDIA PRIVATE LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and…

Arbitration

Appointment of Arbitrator – Absence of Written Agreement – Absence of any written contract containing the arbitration agreement, section 11(6) of the Act, 1996 shall not be applicable

May 15, 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

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.…

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Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw

Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw

Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw

I B C Limitation

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

Apr 14, 2025 sclaw

Category: Arbitration

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