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Documents citing Bilkis Yakub Rasool vs Union Of India on 9 May, 2023

Dilip Singh Alias Dallu vs State Of Uttarakhand & Another on 26 August, 2025

12. The observations of the Hon'ble Apex Court in paras 32 and 37 also have an impact and bearing on the petitioner's case on hand. That apart, this position in law has been reiterated by the Apex Court in the case of Bilkis 11 Yakub Rasool Vs Union of India and others, reported in (2024) 5 SCC 481, wherein in para 222.4, the Hon'ble Supreme Court has held as under :
Uttarakhand High Court Cites 27 - Cited by 0 - Full Document

Bindu Prakasan vs State Of Kerala on 3 December, 2024

10. Though the learned counsel vehemently contended that compassion and sympathy must be shown, the Supreme Court had, in the decision in Bilkis Yakub Rasool's case (supra), observed that the manner of functioning of the court has to be in accordance with the rule of law and courts should be dispassionate, objective and analytical. It has also been observed that the rule of law does not mean protection to a fortunate few and the very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples of killing others if it suits their ends."
Kerala High Court Cites 13 - Cited by 0 - Full Document

The State Of Uttar Pradesh vs R.K Pandey on 9 January, 2025

20. We have narrated the facts in detail as they are peculiar, and intervention by this Court is necessary to prevent any attempt to enforce the so-called awards, which are null and void ab initio for several reasons. This Court in its decision in Bilkis Yakub Rasool v. Union of India and Others,4 observes that fraud and justice never dwell together, and a litigant should not be able to benefit from a fraud practiced with an intention to secure him an illegal benefit. In the present case, the so-called arbitration agreement is nowhere available on the records of either the Municipal Corporation or the State of Uttar Pradesh. Respondent No. 1, R.K. Pandey, did not file the original agreement since he was not in possession of the same, nor is he a signatory and party to the arbitration agreement. An arbitration agreement is sine qua non for arbitration proceedings, as arbitration fundamentally relies on the principle of party autonomy; - the right of parties to choose arbitration as an alternative to court adjudication. In this sense, ‘existence’ of the arbitration agreement is a prerequisite for an award to be enforceable in the eyes of law. No doubt, Section 7 of the A&C Act, which defines the ‘arbitration agreement’, is expansive and includes an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other party, albeit the existence of the arbitration agreement is not accepted by either the Municipal Corporation or the Appellant, the State of Uttar Pradesh. The Arbitration Agreement 4 (2024) 5 SCC 481.
Supreme Court of India Cites 10 - Cited by 0 - P V Kumar - Full Document

M/S.Techmates Marketing Services vs M/S.Ion Exchange India Limited on 10 December, 2024

I only need to refer to Bilkis 17/24 https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.4609 of 2024 Yakub Rasool Vs. Union of India (2024) 5 SCC 48. In that judgment, the Court held a decision is passed sub silentio, when the particular point of law in a decision is not perceived by the Court or not present to its mind or is not consciously determined by the Court. It went on to hold such decisions cannot be held to be binding.
Madras High Court Cites 11 - Cited by 0 - Full Document
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