The reference to arbitrator does not suggest an obligation having been cast on the arbitrator to give reasons for the award. Such a plea, as has been urged in this Court, was not taken by the Respondents before the arbitrator. Even in the objections filed in the Court, the validity of the award has not been specifically questioned on the ground of its having been given in breach of any obligation of the arbitrator to give reasons as spelled out by the arbitration clause
AIR 2015 SC 125 : (2014) AIRSCW 5458 : (2014) 10 SCALE 313 : (2014) 9 SCC 212 : AIR 2015 SC 125 : (2014) 3 ARBLR 470 :…
Contempt of Courts Act, 1971 – Section 19 – Appeal – Contempt proceedings – Appellate Court will not interfere unless the order is totally perverse.
AIR 1997 SC 3805 : (1997) CriLJ 4410 : (1997) 8 JT 73 : (1997) 6 SCALE 55 : (1997) 7 SCC 438 : (1997) 4 SCR 25 Supp…
The Court has always clarified that the punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President of India or Governor of State, as the case may be. Pardons, reprieves and remissions are granted in exercise of prerogative power. There is no scope of judicial review of such orders except on very limited grounds for example non- Application of mind while passing the order;
(2013) 4 RCR(Criminal) 192 : (2013) 10 SCALE 671 : (2013) 10 SCC 631 SUPREME COURT OF INDIA GURVAIL SINGH @ GALA — Appellant Vs. STATE OF PUNJAB — Respondent…
Offence of corruption – Accused as M.L.A. and former minister facing prosecution under Section 13(2) of Prevention of Corruption Act – Apprehension by C.B.I. that he would influence witnesses – Apprehension reasonable considering high position of accused – Not entitled for pre-arrest bail.
AIR 1997 SC 3806 : (1997) CriLJ 4414 : (1997) 3 Crimes 252 : (1997) 3 CTC 60 : (1997) 7 JT 651 : (1997) 5 SCALE 689 :…
Constitution of India, 1950 – Article – 144 – Review of application – Whether the admission is of a sale or an agreement to sell – Article 144, requires all authorities, civil and judicial in the territory of India to act in aid of the Supreme Court – It was imperative for the High Court, to have decided the questions that it was required to decide by this Court’s order dated 19-12-1997.
(1999) 9 JT 123 : (1999) 5 SCC 622 SUPREME COURT OF INDIA BHARAT BUILDER PVT. LTD. AND OTHERS — Appellant Vs. PARIJAT FLAT OWNERS COOP. HOUSING SOCIETY LTD.…
Writ petition for direction to appellants to pay interest on delayed payment of pension, DCRG and other retirement benefits – Matter settled by Lok Adalat without any compromise between parties – Impugned order set aside – Writ petition restored to its original position.
AIR 2006 SC 3089 : (2006) 111 FLR 321 : (2006) 12 JT 17 : (2006) 9 SCALE 164 : (2006) 8 SCC 364 : (2006) 7 SCR 25…
Complaint should contain averment that accused were incharge of the business of the company – Complainant bound to make statement on oath as to how offence was committed and accused persons were responsible therefor – Appellants were not Directors of the Company at the relevant time – Impugned order directing issue of process cannot be sustained and set aside.
AIR 2006 SC 3086 : (2007) 2 BC 210 : (2006) 6 CompLJ 290 : (2006) CriLJ 4602 : (2006) 12 JT 20 : (2006) 9 SCALE 212 :…
Civil Procedure Code, 1908 (CPC) – Order 23, Rule 3A – Bar to suit – Suit for Declaration and injunction – Agreement to develop plot of trust and construction of community hall – A sum of Rs. 10,000/- was paid out of a sum of Rs. 3,00,000/- payable as consideration – Categorical finding of fact that earlier suit was filed with the knowledge and consent of all the trustees not disturbed
(2006) 5 CTC 93 : (2006) 12 JT 69 : (2006) 9 SCALE 174 : (2006) 10 SCC 669 : (2006) 6 SCR 48 Supp SUPREME COURT OF INDIA…
Civil Procedure Code, 1908 (CPC) – Order 3, Rule 1 – Appointment of pleader – Consent by Advocate for appointment of arbitrator despite stand taken by appellants in their written statement – Concession made by Advocate binding on party whom he represents.
AIR 2006 SC 3335 : (2006) 3 ARBLR 603 : (2006) 12 JT 25 : (2006) 9 SCALE 217 : (2006) 8 SCC 279 : (2006) 6 SCR 93…
Civil Procedure Code, 1908 (CPC) – Order 39, Rules 1 and 2 – Temporary injunction – Court apart from finding out prima facie case would consider balance of convenience, irreparable injury and a triable issue
AIR 2006 SC 3275 : (2006) 12 JT 447 : (2006) 9 SCALE 275 : (2006) 8 SCC 367 : (2006) 6 SCR 103 Supp : (2006) AIRSCW 4773…