Supreme Court of India
Ashapura Mine-chem Ltd. v. Gujarat Mineral Development Corporation
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.
1 Supreme Court bench has cited this judgment.
From the headnote
Arbitration and Conciliation Act, 1996: ss.11, 16(1)(a) -Arbitration clause - Invocation of- s.16(1)(a) presumes the existence of a valid arbitration clause and mandates the same to be treated as an agreement independent of the other terms of the contract - By virtue of s.16(1)(b), the arbitration clause continues to be enforceable, notwithstanding a declaration that the contract was null and void - The main contract and the arbitration agreement form two independent contracts - In the instant case, irrespective of the question or as to the fact whether the MoU fructified into a full-fledged
Authorities it was built on
- 2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd.
- 2005 M/s. S.B.P. and Co. v. M/s. Patel Engineering Ltd. and Anr.
- 2014 Enercon (india) Ltd. & Ors. v. Enercon Gmbh & Anr.
- 2012 Chloro Controls (i) P. Ltd. v. Severn Trent Water Purification Inc. and Ors.
- 2011 M/s. Reva Electric Car Co. P. Ltd. v. M/s. Green Mobil
- 2013 M/s Today Homes & Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust & Anr.
Where later benches applied it
Of those, 1 not applicable
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.