Supreme Court of India

Jugal Kishore Prabhatilal Sharma and Ors. v. Vijayendra Prabhatilal Sharma and Anr.

Neutral citation

Reported as [1992] SUPP. 2 S.C.R. 118

Bench S. Ranganathan, V. Ramaswami and B.P. Jeevan Reddy JJ.

Decided 22 October 1992

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the award cannot be vitiated on this ground. (iv) Excise liability - This issue was not pressed before us and the arbitrator's conclusion in this regard is upheld.

Judgment, page 23

From the headnote

Indian Artibitration Act, 1949 : Sections 14, 22, 23, 29, 30, 39 and 41--Reference of dispute to arbitra tion by Court in a suit pendinr-Aroitrator has all powers Court has in deciding issues in the suit. Interest pendente lite-Can be awarded where Agreement envisages payment. Interest for pre-reference period-Partnership finn--Dissolved-Dispute relating to valuation of assets of firm-Dissolution deed envisaging grant of Interest only from date of valuation of assets-Reference of dispute to arbitra tion prior to Interest Act, 19711--- ward of interest for pre-reference period- Held not

Authorities it was built on

1987 Executive Engineer Irrigation Galimala & Ors. v. Abaaduta Jena cited by 8
1952 Payyavula Vengamma v. Payyavula Kesanna and Others cited by 4

Where later benches applied it

2019 Sri K. Marappan (dead) through Sole Lr. Balasubramanian v. The Superintending Engineer T.B.P.H.L.C. Circle Anantapur mentioned
2009 M.P. Housing Board v. Progressive Writers & Publishers mentioned
2001 Executive Engineer, Dhenkanal Minor Irrigation Division, Orissa, Etc. Etc. v. N.C. Budharaj (dead) by Lrs. Etc. Etc. mentioned
1999 Executive Engineer, Dhankanal Minor Irrigation Division, Orissa v. N.C. Budhiraj (dead) by Lrs. Etc. mentioned
1997 State of Orissa v. B.N. Agarwalla mentioned
1995 Sudhir Brothers v. Delhi Development Authority and Anr. mentioned

Of those, 6 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.