Arbitrator–Appointment of–As and when a question in regard to the validity or otherwise of the arbitration agreement arises, a judicial authority would have the jurisdiction under certain circumstances to go into the said question.
2007(2) LAW HERALD (SC) 1094 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha Civil Appeal No. 18 of 2005 India House hold and Health Care…
Accident—Invalid driving licence—Insurance company is not liable to reimburse the amount of compensation payable by the appellants to the claimant.
2007(2) LAW HERALD (SC) 1090 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1213 of 2007…
Registration Act, 1908 – Section 17(1)(b) – Award under Arbitration Act – Award merely reciting prior partition of immovable properties – Does not create or declare right, title or interest in immovable property – Hence Award not compulsorily registerable under Section 17 (1) (b).
AIR 1972 SC 1121 : (1972) 3 SCC 799 : (1972) 4 UJ 579 SUPREME COURT OF INDIA MATTAPALLI CHELAMAYYA AND ANOTHER — Appellant Vs. MATTAPALLI VENKATARATNAM AND ANOTHER…
Granting stay under Section 34 is of course discretionary as the section indicates but the occasion for the exercise of discretion does not arise unless all the conditions stated in the section are fulfilled.
AIR 1975 SC 469 : AIR 1974 SC 469 : (1975) 4 SCC 815 : (1975) 3 SCR 146 : (1975) 7 UJ 137 SUPREME COURT OF INDIA FOOD…
Arbitration Act, 1940 – Section 20 – Arbitration clauses in agreements entered into with Company by officers of the Jammu and Kashmir Forest Department – Agreements executed after notifications by Government empowering the officers came into force – Validity of agreements upheld.
AIR 1977 SC 151 : (1976) 4 SCC 497 : (1977) 1 SCR 937 SUPREME COURT OF INDIA TIMBER KASHMIR PRIVATE LTD. — Appellant Vs. THE CONSERVATOR OF FORESTS,…
Arbitration Act, 1940 – Section 8(1)(b) – Supply of vacancy – Power of court – Where the agreement shows that the parties intended to supply the vacancy, the court has no jurisdiction to appoint the arbitrator.
AIR 1980 SC 103 : (1979) 4 SCC 21 : (1980) 1 SCR 128 SUPREME COURT OF INDIA UNION OF INDIA — Appellant Vs. R.B. CH. RAGHUNATH SINGH AND…
Arbitration Act, 1940 – Sections 8 and 20 – Appointment of arbitrator – Bias – Contract stipulating reference to Superintending Engineer unconnected work contract – Appointment of a Superintending Engineer subordinate to the appointing authority is valid.
AIR 1984 SC 234 : (1983) 2 SCALE 606 : (1984) 3 SCC 627 SUPREME COURT OF INDIA EXECUTIVE ENGINEER, IRRIGATION DIVISION, PURI — Appellant Vs. GANGARAM CHHAPOLIA —…
Arbitration Act, 1940 – Sections 20, 2(a) and 2(e) – Reference to arbitration – Consent of parties – Existence of arbitration agreement – Fresh consent of parties before actual reference is not always necessary
AIR 1985 SC 1003 : (1985) 3 CompLJ 298 : (1985) 3 SCC 255 : (1985) 1 SCR 567 Supp : (1986) 1 UJ 520 SUPREME COURT OF INDIA…
Civil Procedure Code, 1908 (CPC) – Section 151 – Purpose of remitting the award under Arbitration Act is to enable the arbitrator to reconsider the decision where the legality was connected with the decision of the award
AIR 1987 SC 841 : (1988) 1 ARBLR 383 : (1987) 1 JT 350 : (1987) 1 SCALE 265 : (1987) 1 SCC 717 : (1987) 2 SCR 151…
Criminal Procedure Code, 1973 (CrPC) – Sections 167, 437(5) and 439(2) – Bail – Default of prosecution – Bail granted as the prosecution failed to file charge-sheet within stipulated time – Subsequent filing of charge-sheet does not entitle to Court to cancel the bail on the ground of filing of charge-sheet.
AIR 1993 SC 1 : AIR 1992 SC 1 : (1992) CriLJ 3712 : (1992) 6 JT 21 : (1992) 2 SCALE 523 : (1992) 4 SCC 272 :…