Supreme Court Monthly Digest July 2022 (Citations 560 - 646)

Arbitration and Conciliation Act, 1996; Section 11 - Even if an aspect with regard to 'accord and satisfaction' of the claims may/can be considered by the Court at the stage of deciding Section 11 application, it is always advisable and appropriate that in cases of debatable and disputable facts, good reasonably arguable case, the same should be left to the Arbitral Tribunal. (Para 13) Indian Oil Corporation Ltd. v. NCC Ltd., 2022 LiveLaw (SC) 616 Arbitration and Conciliation Act, 1996; Section 11, 11(6A) - Though the Arbitral Tribunal may have jurisdiction and authority to decide the disputes including the question of jurisdiction and nonarbitrability, the same can also be considered by the Court at the stage of deciding Section 11 application if the facts are very clear and glaring and in view of the specific clauses in the agreement binding between the parties, whether the dispute is nonarbitrable and/or it falls within the excepted clause. Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to 'accord and satisfaction' of the claims. (Para 13) Indian Oil Corporation Ltd. v. NCC Ltd., 2022 LiveLaw (SC) 616 Arbitration and Conciliation Act, 1996; Section 34, 37 - It would not be open for the court in the proceedings under Section 34 or in the appeal under Section 37 to modify the award, the appropriate course to be adopted in such event is to set aside the award and remit the matter. (Para 40) National Highways Authority of India v. P. Nagaraju @ Cheluvaiah, 2022 LiveLaw (SC) 584 Arbitration and Conciliation Act, 1996; Section 34, 37 - National Highways Act, 1956; Section 3G(5) - While examining the award within the parameters permissible under Section 34 of Page 39 of 73 Act, 1996 and while examining the determination of compensation as provided under Sections 26 and 28 of the RFCTLARR Act, 2013, the concept of just compensation for the acquired land should be kept in view while taking note of the award considering the sufficiency of the reasons given in the award for the ultimate conclusion. (Para 24) National Highways Authority of India v. P. Nagaraju @ Cheluvaiah, 2022 LiveLaw (SC) 584 Arbitration and Conciliation Act, 1996; Section 7 - Parties to the contract are free to agree on applicability of (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of the conduct of arbitration. Parties to the contract also may agree for matters excluded from the purview of arbitration - Unless the effect of agreement results in performance of an unlawful act, an agreement, which is otherwise legal, cannot be held to be void and is binding between the parties. (Para 13.3) Indian Oil Corporation Ltd. v. NCC Ltd., 2022 LiveLaw (SC) 616 Arbitration and Conciliation Act, 1996; Sections 23(2A), 34 - Counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitration. National Highway Authority of India v. Transstroy (India) Ltd., 2022 LiveLaw (SC) 586 Arbitration and Conciliation Act; 1996; Section 11(6) - There cannot be two arbitration proceedings with respect to the same contract/transaction-in the present case, earlier the dispute was referred to arbitration and the Arbitrator passed an award on whatever the claims were made. Thereafter, a fresh arbitration proceeding was sought to be initiated with respect to some further claims, may be after final bill-The same is rightly refused (by the High Court) to be referred to arbitration in exercise of Section 11(6) of the Act. Tantia Constructions v. Union of India, 2022 LiveLaw (SC) 624 Army Act, 1950 - Army Regulations - Regulation 349 - Pending the Court of Inquiry, an opportunity of hearing not required to be afforded before suspending Army officers - Under Regulation 349 also, there is no requirement of such a procedure to be followed. Col. Vineet Raman Sharda v. Union of India, 2022 LiveLaw (SC) 606 Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court to categorise all the offences into one group and deny bail on that basis. (Para 66) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 Bail - The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails. (Para 72-73(a)) Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 Carriage by Air Act, 1972; Rule 30 - Limitation Act, 1963; Section 29(2) - Rule 30 expressly excludes the Limitation Act as provided in Section 29 - ...

Supreme Court Monthly Digest July 2022 (Citations 560 - 646)

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