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The Court held that “a stipulation mandating the deposit of a substantial percentage of the claim amount, as a precondition to invoking arbitration would inevitably suppress claims, deter recourse to alternative dispute resolution, and thereby defeat its very object”.
The Court was considering a case where the appellant’s provisional selection to the post of Stipendiary Cadet Trainee Police Constable was cancelled on ground of criminal antecedents resulting from moral turpitude.
Justice Manoj Misra was elevated to the Supreme Court in February 2023 and has periviously served as a Judge in the Allahabad High Court.
The Supreme Court held that a transaction involving receipt of money with an obligation to return it with promised interest constitutes a ‘deposit’ under the MPID Act regardless of nomenclature.
“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
“The operating surgeon is the best judge of which one of the two procedures is to be adopted.”
“To convict an accused for commission of an offence punishable under Section 304 Part II IPC, it must be proved that the accused has committed culpable homicide as defined in Section 299 IPC.”
Consumer complaint not maintainable where dispute involves alleged fraudulent pledge of fixed deposit and requires determination of complex facts beyond summary consumer proceedings.
“Non-compete fee only seeks to protect or enhance the profitability of the business, thereby facilitating the carrying on of the business more efficiently and profitably.”
Identity of the person making the purchase, or the value of the transaction, is not conclusive to determine whether the transaction or activity is for a commercial purpose. Dominant intention or purpose is required to be seen.
The Court further restored the case of the file of the High Court for fresh decision in accordance with law as neither the High Court nor the Trial Court has enlisted the entire evidence available on record; therefore, it was difficult for the Court to take a decision with precision.
Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.
“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.
Justice Manoj Misra is the sitting Judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.
“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
“‘Henderson Principle’ is a core component of the broader doctrine of abuse of process, aimed at enthusing in the parties a sense of sanctity towards judicial adjudications and determinations. It ensures that litigants are not subjected to repetitive and vexatious legal challenges. This rule not only supports the finality of judgments but also underscores the ideals of judicial propriety and fairness.”
“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”