100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]
11 months, 3 weeks ago

100 Important Supreme Court Judgments Of 2023 - Part 4 [76 to 100]

Live Law  

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - importance to the general public; settlement of a contested position of law; utility for practising lawyers, judges and students.A disclaimer is added. Mere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned: Supreme Court Case Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw 844; 2023INSC866 In a significant judgment, the Supreme Court has ruled that a person cannot be arrested by the Directorate of Enforcement for mere non-cooperation in response to a summons issued under Section 50 of the Prevention of Money Laundering Act 2002. Supreme Court Explains Case Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw 844; 2023INSC866 In a landmark judgment in the case Pankaj Bansal v. Union of India, the Supreme Court has held that the Directorate of Enforcement must furnish the reasons for arrest to the accused in writing. ED Can't Be Vindictive, Grounds Of Arrest Must Be Furnished In Writing To Accused At The Time Of Arrest: Supreme Court Case Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw 844 In a significant judgment pronounced on Tuesday, the Supreme Court held that the Directorate of Enforcement should furnish the grounds of arrest to the accused in writing at the time of arrest. ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence: Supreme Court Case title: PAVANA DIBBUR v. THE DIRECTORATE OF ENFORCEMENT Citation: 2023 LiveLaw 1021 In an important judgment, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA.

India Supreme Court High Court Constitution Court Citation Indian Title Union Judgments Interest Income Hindu Fir Supreme 2023 Act Clubs 100 Pmla Livelaw Money Laundering Act Case Title Sanjay Kumar Union Of India Section 6A Bopanna Pankaj Bansal Maternity Benefits Mere Non India Citation Basant Bansal Contractual Employment Important Supreme Court Union Of India Citation  supreme  judgments  100  act  sc  citation  livelaw  v  76  title  union  court  2023  important

History of this topic

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
2 weeks ago

Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure

Live Law  

This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. Ltd. v. General Manager & Anr., reiterated the principle that the extension of mandate under Section 29A shall be only for a “sufficient cause”. In Larsen and Toubro Ltd. v. IIC Limited and Anr., it is held by the Delhi …

Arbitration Monthly Digest: November, 2024
3 weeks ago

Arbitration Monthly Digest: November, 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Weekly Round-Up: 4th November To 10th November 2024
1 month, 1 week ago

Arbitration Weekly Round-Up: 4th November To 10th November 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Arbitration Cases Monthly Digest: September 2024
2 months, 2 weeks ago

Arbitration Cases Monthly Digest: September 2024

Live Law  

Supreme Court Case Title: COX & KINGS LTD. Delhi High Court Case Title: Apex Buildsys Ltd. Vs Vadera Interiors And Exteriors and connected matter Citation: 2024 LiveLaw 956 The Delhi High Court bench of Justice C. Hari Shankar has held that objections related to the legality of an arbitrator's appointment cannot be raised in a petition seeking an extension of …

Arbitration | Dispute Regarding Full & Final Settlement Of Contract Is Arbitrable : Supreme Court
5 months ago

Arbitration | Dispute Regarding Full & Final Settlement Of Contract Is Arbitrable : Supreme Court

Live Law  

The Supreme Court held that if any dispute arises as to whether a contract has been discharged or not, such a dispute is arbitrable. “Although ordinarily no arbitrable disputes may subsist after execution of a full and final settlement, yet any dispute pertaining to the full and final settlement itself, by necessary implication being a dispute arising out of or …

Two SC orders reset crucial principles on arbitration
11 months, 3 weeks ago

Two SC orders reset crucial principles on arbitration

Hindustan Times  

In December, the Supreme Court delivered two separate judgments clarifying two important aspects of arbitration law. The question raised was whether the associated companies in a group shall also be bound by the terms if one of the companies has signed an “arbitration agreement” with the other entity. A third category of jurisdictions uses both consensual and non-consensual legal principles …

Supreme Court Judgements On Arbitration In 2023
11 months, 3 weeks ago

Supreme Court Judgements On Arbitration In 2023

Live Law  

Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains The Supreme Court observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected …

Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine
1 year ago

Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine

Live Law  

A Constitution Bench of the Supreme Court on Wednesday held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine. "The 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in determining the intention of the parties in the context of complex transactions involving multiple parties. "The 'group of companies' …

Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application : Supreme Court
1 year, 1 month ago

Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application : Supreme Court

Live Law  

In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.A bench comprising Chief. …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 6 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment
1 year, 10 months ago

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. The issue framed is as under - “Whether the statutory bar contained in Section 35 …

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court
2 years, 3 months ago

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court

Live Law  

The Supreme Court observed that an arbitration clause has to be given effect even if it does not expressly state that the decision of the arbitrator will be final and binding on the parties.The deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause, the. The …

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)
2 years, 6 months ago

Supreme Court Quarterly Digest 2022- ARBITRATION (Jan - Mar)

Live Law  

Arbitration Act, 1940; Section 30, 33 - Scope of interference by courts - A Court does not sit in appeal over an Award passed by an Arbitrator and the only grounds on which it can be challenged are those that have been specified in Sections 30 and 33 of the Arbitration Act, namely, when there is an error on the …

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court
2 years, 8 months ago

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court

Live Law  

The High Court of Orissa has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the parties would be the Commercial Court as defined under the Commercial Courts Act which need not necessarily be the Principal Civil Court as provided under the Arbitration Act. As a corollary, the definition of …

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court
2 years, 10 months ago

Court U/s 37 Arbitration Act Has No Jurisdiction To Remand The Matter To Same Arbitrator Unless Consented By Both Parties: Supreme Court

Live Law  

The Supreme Court observed that a Court, under Section 37 of the Arbitration and Conciliation Act, has no jurisdiction to remand the matter to the same Arbitrator unless it is so consented by both the parties.The bench comprising Justices MR Shah and BV Nagarathna observed that only two options are available to the Court considering the appeal under Section 37 …

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court
3 years, 7 months ago

Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court

Live Law  

The existence of an arbitration clause does not debar the court from entertaining a writ petition, the Supreme Court observed in a judgment passed on Wednesday.In this case, the Allahabad High Court allowed a writ petition filed by CG Power and Industrial Solutions Limited challenging the directions issued by Executive Engineer, Unnao UPPTCL it to remit Labour Cess amounting. The …

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability
3 years, 9 months ago

Arbitration : Supreme Court Suggests Amendments To Sections 11(7), 37 To Bring Section 8 & 11 At Par On Appealability

Live Law  

The Supreme Court has observed that the amendments to Section 11 and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the orders passed under Section 8 and 11 are brought on par as far as appealability is concerned.Section 8, which deals with the power of a court to refer parties to arbitration, was amended in …

Arbitration Court Reckoner : August 2020
4 years, 3 months ago

Arbitration Court Reckoner : August 2020

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. Test of Emergent Necessity for grant of relief under S. 9 In Avantha Holdings Ltd. v Vistra ITC India Ltd. High Court of Delhi held that the …

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