Search Results for "Arbitration and Conciliation Act"

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Search Results for "Arbitration and Conciliation Act"

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Supreme Court

Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

4 Jan 2024

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

Supreme Court

Supreme Court Dismisses Applications in Disposed Special Leave Petition Seeking Interference in Pending Arbitration. Court Held That Issues Should Be Raised Before Arbitral Tribunal and Status Quo Must Be Maintained Until Disposal, Citing Non-Interference Principle Under Arbitration and Conciliation Act, 1996.

18 Apr 2023

The Supreme Court dealt with applications filed in a Special Leave Petition that had been disposed of on 24.08.2012. The original SLP had been dispose...

Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Over Contract Termination and Interest Dispute. The court upheld the High Court's setting aside of arbitral award parts on forfeiture of security deposits and interest on certain advances, citing impermissible clause switching and lack of contractual basis for interest.

17 Mar 2023

The dispute arose from a construction contract between Indian Railway Construction Company Limited (IRCON) and National Buildings Construction Corpora...

Supreme Court

Supreme Court Allows Arbitration Petition in International Commercial Arbitration Dispute Over Incorporation of Arbitration Clause. Court Holds That Amenities Agreement's Arbitration Clause Was Incorporated Into Leave and Licence Agreement Under Section 7(5) of Arbitration and Conciliation Act, 1996, Based on Contract Terms Making It an Integral Part.

13 Mar 2023

The dispute originated from agreements between a banking company incorporated under South Korean laws (petitioner) and the respondent concerning offic...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Award Challenge - Upholds Division Bench's Setting Aside of Award on Public Policy and Limitation Grounds. Award Found Contrary to Public Policy Due to Unsustainable Accounting Method Over 21 Years and Counter Claim Barred by Limitation Under Section 17 of Limitation Act, 1963 as Filed Beyond 3 Years from Knowledge of Alleged Fraud.

2 Mar 2023

The appeal arose from an order of the Madras High Court Division Bench which set aside an arbitral award that had been upheld by a single judge. The d...

Supreme Court

Supreme Court Sets Aside Conviction in Negotiable Instruments Act Case Due to Settlement Agreement. Court held that settlement between parties amounts to compounding of offence under Section 138 of Negotiable Instruments Act, 1881, and High Court erred in confirming conviction when parties had agreed to resolve dispute amicably or through arbitration.

1 Feb 2023

The Supreme Court heard appeals against the High Court's order confirming the appellants' conviction under Section 138 of the Negotiable Instruments A...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

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