Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 14---Filing of award by one of several arbitrators---Principle---Two arbitrators were appointed to settle the dispute between the parties, submission of award by one of them was of no legal value. (b) Arbitration Act (X of 1940)--- ----S. 17---Judgment in terms of award/making award rule of court---Duty of court receiving the award for the purpose of making same the rule of court was to see as to whether it was fit to be maintained or suffered from illegality or any perversity floating on the face of the record, was attached, rendering the same nullity in the eye of law. (c) Arbitration Act (X of 1940)--- ----S. 26-A---Award to set out reasons---Duty of arbitrator---Arbitrator had to set out reasons for the award in sufficient detail enabling the court to consider any question of law arising out of the same---Award which did not disclose any reasons qua the decision of arbitrator was to be rejected and was not to be approved by Civil Court so as to make it rule of court---In the present case, the manner of proceedings conducted by the arbitrator and submission of court if analyzed in view of objections raised by the petitioner left no room to hold that the same was arbitrary, non-speaking and sketchy which was sufficient to render the award invalid---Revision was allowed. Umar Din through L.Rs. v. Mst. Shakeela Bibi and others 2009 SCMR 29 rel. (d) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Conflict in decision of lower courts---Principle---In case of conflict of decision in the Courts below preference was to be given to the decision of lower appellate court, but it was neither a principle of universal application nor inflexible---High Court while exercising revisional powers had to analyze both the decisions independently and to lean in favour of decision which was more appropriate and in accord with law. (e) Qanun-e-Shahadat (10 of 1984)--- ----Art. 132 ---Deposition not challenged in cross-examination---Principle---When deposition was made to a particular fact and the same was not challenged in cross-examination, the same shall be deemed to be admitted to be true. Abdul Rehman and another v.…

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