| Citation(s) |
|---|
| 1981 SLG 3378 = 1981 SLD 3378 = 1981 CLC 311 |
Court of Special Judge, Karachi
High Court Appeal No. 3 of 1973, heard on 28th May, 1980.
Presented By: Zaffar Hussain Mirza and Saeeduzzaman Siddiqui, JJ
Mansoorul Arfin for Appellant. Naraindas C. Motiani for
Respondents.
High Court Appeal No. 3 of 1973, heard on 28th May, 1980.
Presented By: Zaffar Hussain Mirza and Saeeduzzaman Siddiqui, JJ
Mansoorul Arfin for Appellant. Naraindas C. Motiani for
Respondents.
THE PREMIER INSURANCE Co. (PAKISTAN) LTD., KARACHI-Appellant
VERSUS
EJAZ AHMED KHAWAJA AND 3 OTHERS-Respondents
Law: Arbitration Act (X of 1940)
Section: 33, 15
Law: Partnership Act (IX of 1932)
Section: 19(2)
(a) Arbitration Act (X of 1940) S. 33-Award-Appreciation of evidence-Court while examining legality of award, held, cannot substitute its own finding on apprecia tion of evidence in place of one given by Arbitrators or Umpire even if Court reaches to a different conclusion on evidence.-[Evi dence-Award]. (b) Arbitration Act (X of 1940) S. 33 and Evidence Act (I of 1872)-Arbitration proceedings Procedural law-Proceedings before Arbitrators or Umpire-In nature of proceedings before a domestic tribunal - Strict compliance of procedural law or law of evidence, held, cannot be insisted upon in such proceedings. (c) Arbitration Act (X of 1940) S. 15-Award-Error apparent on face of award, held, must be discoverable by reading award itself and not by reference to other materials namely record and proceedings before Arbitrators or umpire.-[Award]. Muhammad Sadiq Muhammad Afzal v. Ministry of Industries, Department of Supply and Development, Government of Pakistan P L D 1966 Kar. 412; Sadlq-Muhammad Afzal v. Ministry of ludustries P L D 1962 Kar. 113; Pakistan through Secretary, Ministry of Industries v. Messrs Asians Associated Agencies Limited P L D 1974 Kar. 155;…