Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]

AIR 1996 SC 3121 : (1996) 3 SCR 857 : (1996) 8 SCC 470 : JT 1996 (3) SC 446 : (1996) 3 SCALE 89 (SUPREME COURT OF INDIA) Most Rev. P. M. A. Metropolitan and others Appellant Versus Moran Mar marthoma Mathews and another Respondent (Before: B. P. Jeevan Reddy, S. C. Sen And … Continue reading Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil … Continue reading CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

KEYWORDS:- WITHDRAWL OF SUIT- DEFECT WAS NOT EXPLAINED- DEFECTIVE SUIT “the order dated May 20, 1971 passed by the civil court was on record which did not indicate as to what was the formal defect in the suit by reason of which the permission to withdraw the same was accorded”. DATE:-28-08-1996 AIR 1996 SC 3488 … Continue reading Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

Vellore Citizens Welfare Forum Appellant Versus Union of India and ORS[ALL SC 1996 AUGUST]

KEYWORDS:-POLLUTION CONTROL-PIL DATE:-28-08-1996 Precautionary principle and the polluter pays principle are part of the environmental law of the country. AIR 1996 SC 2715 : (1996) 5 Suppl. SCR 241 : (1996) 5 SCC 647 : JT 1996 (7) SC 375 : (1996) 6 SCALE 194 (SUPREME COURT OF INDIA) Vellore Citizens Welfare Forum Appellant Versus … Continue reading Vellore Citizens Welfare Forum Appellant Versus Union of India and ORS[ALL SC 1996 AUGUST]

D.K. Basu v. State of West Bengal[ALL SC 1996 December]

KEYWORDS:- CUSTODIAL DEATH- VIOLENCE DATE: 18-12-1996. Monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the State is vicariously liable for their acts AIR 1997 SC 610 … Continue reading D.K. Basu v. State of West Bengal[ALL SC 1996 December]

State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

KEYWORDS:- GOVERNMENT PREMISES- AIR 1998 SC 1738 : (1998) 2 SCR 599 : (1998) 4 SCC 277 : JT 1998 (3) SC 23 : (1998) 2 SCALE 593 (SUPREME COURT OF INDIA) State of WEST BENGAL and others Appellant Versus Ranbindra Nath Sengupta and others Respondent (Before: G. N. Ray And K. Venkataswami, JJ.) Civil … Continue reading State of WEST BENGAL and others Versus Ranbindra Nath Sengupta and others [ALL SC 1998 MARCH]

National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments … Continue reading M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]

Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.

The question whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two Judge Bench in State of Goa v. Western Builders (supra) in the context of the provisions contained in Arbitration and Conciliation Act, 1996. The Bench … Continue reading Whether Section 14 of the limitation Act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum in the context of the provisions contained in Arbitration and Conciliation Act, 1996.

Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The two-Judge Bench referred to earlier decisions in Vidyacharan Shukla v. Khubchand Baghel, … Continue reading Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

The Arbitration and Conciliation Act, 1996

EDITION 2018 Preliminary Part 1 – Arbitration Chapter I – General provisions Chapter II – Arbitration agreement Chapter III – Composition of arbitral tribunal Chapter IV – Jurisdiction of arbitral tribunals Chapter V – Conduct of arbitral proceedings Chapter VI – Making of arbitral award and termination of proceedings Chapter VII – Recourse against Arbitral Award … Continue reading The Arbitration and Conciliation Act, 1996

Introduction to the Indian Law of Arbitration and Conciliation Act 1996

Arbitration is a mechanism or a method of resolution of disputes that unlike court takes place in private, pursuant to agreement between the parties. The parties agree to be bound by the decision rendered by a chosen arbitrator after giving hearing. The endeavour of the court should be to honour and support the award as … Continue reading Introduction to the Indian Law of Arbitration and Conciliation Act 1996

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

KEYWORDS: Alternative Dispute Resolution- Arbitration HELD:- A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any … Continue reading AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]

Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & Ors [ALL SC 2018 MAY]

KEYWORDS:- Condonation of Inordinate Delay- DATE:- MAY 07, 2018 ACTS:- Order VIII Rule 1 of the Code of Civil Procedure, 1908 HELD:- “We fail to persuade ourselves with this kind of reasoning given by the High Court in condoning the delay, thereby disregarding the provisions of Order VIII Rule 1 of the Code of Civil Procedure, … Continue reading Atcom Technologies Ltd. Vs. Y.A. Chunawala and Company & Ors [ALL SC 2018 MAY]

Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

KEYWORDS:-Struck Down a Law  DATE:- MAY 07, 2018- “Section 4(3) of the 1981 Act cannot pass the test of Cof the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 is ultra vires the Constitution … Continue reading Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]

Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions and aided educational institutions. AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC … Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]

Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another[ALL SC 2018 MAY]

KEYWORDS:-Reference to arbitration-Inter connected agreement-Fraud- DATE:-May 03, 2018 Appeal allowed An arbitration agreement means an agreement which is enforceable in law and the jurisdiction of the arbitrator is on the basis of an arbitration clause contained in the arbitration agreement. However, in a case where the parties alleged that the arbitration agreement is vitiated on … Continue reading Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another[ALL SC 2018 MAY]

Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

KEYWORDS:-Preliminary inquiry- DATE: 12 November, 2013- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police … Continue reading Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]

Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors .[ALL SC 2018 MAY]

KEYWORDS:-  HINDU RITUAL- HINDU RITUAL- LORD SHIVA DATE:- MAY 02, 2018 ACTS:- WRIT PETITION SUPREME COURT OF INDIA Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors. [Civil Appeal No. 4676 2018 arising out of S.L.P. (C) No.15459 of 2017] ARUN MISHRA, J. 1. Leave granted. 2. The petition pertains to famous Mahakaleshwar temple, … Continue reading Sarika Vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors .[ALL SC 2018 MAY]

Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Arbitration Agreement- DATE:- May 2, 2018 The validity of an arbitration agreement does not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for the working of the arbitration agreement. It is, therefore, clear that an arbitration agreement specifying … Continue reading Purushottam S/o. Tulsiram Badwaik Vs. Anil & Ors.[ALL SC 2018 MAY]

Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and Steel Pvt. Ltd. [ALL SC 2018 MAY]

KEYWORDS:- Appointment of an arbitrator-  Binding nature of arbitration clause- DATE:- May 02, 2018- The parties are bound by the terms and conditions agreed under the policy and the arbitration clause contained in it. ACTS:- Section 11(6) of the Arbitration and Conciliation Act, 1996 SUPREME COURT OF INDIA Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and … Continue reading Oriental Insurance Company Ltd. Vs. M/s. Narbheram Power and Steel Pvt. Ltd. [ALL SC 2018 MAY]