Law: Arbitration Act, 1940

Section: 14,17,26A

Law: Constitution of Pakistan, 1973

Section: 199

Arbitration Act (X of 1940)--- ----Ss. 14, 17 & 26-A---Constitution of Pakistan, Art.199---Constitutional petition--Award---Scope---Trial Court made award rule of court---Validity---Arbitrator neither recorded the version of petitioners nor evidence to resolve the dispute referred to him---No reasons were given for passing of award---Arbitrator passed the award on the basis of alleged oath on Holy Quran without authority of the agreement, travelling beyond his jurisdiction---Cursory glance of assigning the award by the Corut was not permissible under the law---Court was bound to minutely discuss every aspect of the award and evaluate the same to see whether award was capable of being endorsed or not---Arbitrator could not deliver award whimsically and could not act with partiality or unfairness---Arbitrator announced the award on the same day on which he was appointed showing lack of fair play---Under S.26-A of the Arbitration Act, 1940, arbitrator was obliged to announce award by assigning reasons and giving sufficient details to enable the court to consider any question of law arising out of the award---Arbitrator announced award without applying his judicial mind and failed to determine the real dispute---Evidence showed that arbitration agreement was scribed under coercion---Court below failed to consider that award announced by arbitrator was beyond the authority given to him by parties---Award was of no legal effect and could not be made rule of court---Impugned orders were set aside---Award was held to be pending before Trial Court for appointment of another arbitrator after obtaining consent of parties---Constitutional petition was accepted. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, J.---The facts necessitated for the disposal of the instant writ petition are that Mohammad Iqbal and Mohammad Akram, respondents Nos.1 and 2 filed application under section 14 of the Arbitration Act, 1940, against the present petitioners, with the prayer that the arbitration award dated 27-3-1996 announced by Mr. Liaquat Ali Chatha, Magistrate, be made rule of Court while passing a decree in this regard. 2. Brief facts as narrated in the said application filed by…

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