Arbitration Archives - Page 9 of 31 - Supreme Court of India Judgements

August 20, 2025 3:31 am

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

Claim/alleged dues of 1985/1986 HELD High Court has not committed any error in dismissing the application under Section 11(6) of the 1996 Act on the ground that it is hopelessly barred by limitation and is a stale claim.

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHRAM VARU AND COMPANY — Appellant Vs. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTH EASTERN RAILWAY, KOLKATA — Respondent ( Before :…

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

No order could have been passed by the Tribunal by way of interim measure on the applications filed under Section 17 of the Arbitration Act in a case where there is a serious dispute with respect to the liability of the rental amounts

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EVERGREEN LAND MARK PRIVATE LIMITED — Appellant Vs. JOHN TINSON & COMPANY PRIVATE LIMITED AND ANOTHER — Respondent ( Before : M. R. Shah…

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

Once the Arbitrator, while awarding rent as counter claim had accepted the figures as quoted by the Eastern Coalfields Limited, no issue of any error on the part of the Arbitrator in not correctly calculating the rent could be raised – Application rejected.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIA POWER CORPORATION LIMITED — Appellant Vs. EASTERN COALFIELDS LIMITED — Respondent ( Before : Vikram Nath and M.M. Sundresh, JJ. ) M.A. Diary…

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 :…

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Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw

Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw

I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw

C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw

Category: Arbitration

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