Supreme Court of India Judgements

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Category: Arbitration

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,…

Arbitration

Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 – Section 18 – Arbitration Tribunal has the power to condone the delay in making a reference. If there is no arbitration clause, the dispute arising between the parties to the contract must be referred to the Arbitration Tribunal.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY AND ORTHERS — Appellant Vs. RAMA KANT SINGH @ RESPONDENT ( Before : Ajay Rastogi and Abhay S. Oka,…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of member of the Bar as the sole Arbitrator – Appeal against – – While dealing with petition under Section 11, the Court by default would refer the matter when contentions relating to non-arbitrability are plainly arguable – In such case, the issue of non-arbitrability is left open to be decided by the Arbitral Tribunal – No case for interference is made out – Appeal dismissed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED MASROOR SHAIKH — Appellant Vs. BHARAT BHUSHAN GUPTA AND OTHERS — Respondent ( Before : Indira Banerjee and Abhay S. Oka, JJ. )…

Arbitration

Arbitration & Conciliation Act, 1996 for appointment of a sole arbitrator – Courts had very limited jurisdiction under Section 11(6) of the Act. Courts are to take a ‘prima facie’ view, as explained therein, on issues relating to existence of the arbitration agreement. Usually, issues of arbitrability/validity are matters to be adjudicated upon by arbitrators. The only narrow exception carved out was that Courts could adjudicate to ‘cut the deadwood’. Ultimately the Court held that the watch word for the Courts is ‘when in doubt, do refer’.

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH INTERCONTINENTAL HOTELS GROUP (INDIA) PRIVATE LIMITED AND ANOTHER — Appellant Vs. WATERLINE HOTELS PRIVATE LIMITED — Respondent ( Before : N.V. Ramana, CJI, Surya…

Arbitration

Arbitration Act, 1940 – Sections 30, 33 and 39 – Extension of time to execute the contract – Single Judge that there was sufficient justification for the appellant-claimant to have sought extension of time for completing the work and that the decision of the respondent-Union of India to terminate the contract, was not for legitimate reasons.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH ATLANTA LIMITED THR. ITS MANAGING DIRECTOR — Appellant Vs. UNION OF INDIA REPRESENTED BY CHIEF ENGINEER MILITARY ENGINEERING SERVICE — Respondent ( Before :…

Arbitration

An award can be set aside only if the award is against the public policy of India. The award can be set aside under Sections 34/37 of the Arbitration Act, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARYANA TOURISM LIMITED — Appellant Vs. M/S KANDHARI BEVERAGES LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna JJ. ) Civil Appeal…

Arbitration

Termination of mandate – Appointment of fresh arbitrator – Earlier Arbitral Tribunal-Stationery Purchase Committee comprising of Additional Secretary, Department of Revenue as President and (i) Deputy Secretary, Department of Revenue, (ii) Deputy Secretary, General Administration Department, (iii) Deputy Secretary, Department of Finance, (iv) Deputy Secretary/Under Secretary, General Administration Department and (v) Senior Deputy Controller of Head Office, Printing as Members, has lost its mandate by operation of law in view of Section 12(5) read with Seventh Schedule and a fresh arbitrator has to be appointed under the provisions of the Arbitration Act, 1996

Jan 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELLORA PAPER MILLS LIMITED — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Arbitration

Arbitral proceedings – Resumption – It is the discretion vested with the Court for remitting the matter to Arbitral Tribunal to give an opportunity to resume the proceedings or not – Words “where it is appropriate” itself indicate that it is the discretion to be exercised by the Court, to remit the matter when requested by a party. Merely because an application is filed under Section 34(4) of the Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal

Jan 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  I-PAY CLEARING SERVICES PRIVATE LIMITED — Appellant Vs. ICICI BANK LIMITED — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw