Case Details

Citation(s)
2017 SLG 64 2017 SLD 64 2017 PLD 53
Supreme Court of Pakistan
Civil Appeal No. 417-L of 2009 Dated 6th September, 2016.Hearing Date : 6th September, 2016.
: MIAN SAQIB NISAR, JUSTICE AND MANZOOR AHMAD MALIK, JUSTICE
Subah Sadiq Wattoo, A.A.G., Punjab for Appellants.Rassal Hassan Syed, Advocate Supreme Court and Mrs.Ayesha Hamid, Advocate Supreme Court: Amici Curiae:

PROVINCE OF PUNJAB THROUGH SECRETARY TO GOVERNMENT OF PUNJAB, COMMUNICATION AND WORKS DEPARTMENT, LAHORE AND ANOTHER --AppellantSVS.MESSRS MUHAMMAD TUFAIL AND COMPANY THROUGH MUHAMMAD TUFAIL (DECEASED) THROUGH LEGAL HEIRS --RespondentS

Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 31(1)---Nature and object of S.31(1) of the Arbitration Act, 1940--Arbitration award, filing of---Jurisdiction of court---Scope---Section 31(1) of the Act was not an enabling provision, rather one which identified and defined the jurisdiction of the Court in which an award should be filed---Object of S.31(1) was to clothe a single court with jurisdiction in the matter so as to avoid conflict of jurisdiction which may arise between different courts so that all the matters pertaining to arbitration, once having been initiated and dealt with by one court, should subsequently continue to be determined by the same court. (b) Jurisdiction--- ----Meaning and concept of 'jurisdiction'---Scope---"Jurisdiction" meant the authority to decide---Concept of jurisdiction of a court encompassed, territorial jurisdiction; pecuniary jurisdiction, and subject matter jurisdiction---¬Jurisdiction had its genesis in the physical power of a court to issue process to persons within the reach of the court---Court was to decide matters when persons relating thereto were within its reach---Such basic jurisdiction was then regulated by defining the limits of that 'reach' by setting pecuniary limits, or by assigning different 'subjects' within one territory to different courts, for example, by assigning banking and environmental matters to different courts within one territory. R. Viswanathan and others v. Rukn-ul-Mulk Syed Abdul Wajid since deceased and others AIR 1963 SC 1 and Dennis Burnham v. Superior Court of California, County of Marin 110 S.Ct. 2105 (1990) ref. (c) Arbitration Act (X of 1940)--- ----Sections 2(c), 14, 17 & 31(1)---Civil Procedure Code (V of 1908), S. 20---Arbitration award, filing of---Application filed before civil court for making an arbitration award the Rule of the Court---Territorial jurisdiction of court---Scope---Agreement between private company and Provincial Government for performance of civil work at place "T"---Dispute arose over payment and arbitration clause was invoked by company---Arbitration proceedings were held at place "L" and award was also announced at place "L" in favour of company---Application…
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