Law: Arbitration Act, 1940

Section: 15,16,30

Law: Sale of Goods Act, (III of 1930)

Section: 159.42,3,43

  (a) Arbitration Act (X of 1940)--   ---Ss.15, 16 a 30--Sale of Goods Act (III of 1930), 159.42 3 43-­Award--Leave to appeal granted to consider (i) whether the award suffered from an error on face of record because a buyer, entitled to reject the .goods, could not be compelled to return the goods to place of delivery at his own cost; (ii) interpretation of provisions of Ss.42 • 43, Sale of Goods Act, 1930; (iii) number of decisions of English Courts on question as to what constitutes an error of law on the face of award.--[Award].   (b) Arbitration Act (X of 1940)--   ---Ss.15, 16 30--Sale of Goods Act (III of 1930), Ss.42 43-­Award--Error on face of award--Appellants, suppliers of chemicals. tendering and respondent Government accepting consignment of B. H . C . , at specified price, delivery of which was to take place F.O.B. Continental Ports after inspection and grant of Inspection Certificate by respondent-Government--Inspection of B. H . C . taking place at Dutch Government Laboratory in Holland, which was, according to appellants, chosen and nominated by respondent-Government and gave its report that B.H.C. was according to specifications-­Consignment duly delivered F.O.B. Rotterdam by appellants to respondent and shipped by them to Pakistan--Inspection certificate for the consignment were, however, withheld ty Inspecting Officer on ground that B.H.C. was not according to specifications and consequently payment was also withheld--Dispute resultantly arising between parties referred to arbitrators before whom main, points were (i) whether respondents were under duty to pay full price of the consignment to appellants without any qualifications and conditions; (ii) whether respondents lost their right to reject B. H . C ; (iii) whether respondents were entitled to recover cost of freight from Rotterdam to Pakistan; (iv) whether B.H.C. was according to specification, and (v) whether respondents, having consumed part of consignment, had lost their right to reject remaining consignment even if it was not according to specifications--Arbitrators giving award which was subsequently made a rule of Court by of Single Judge of High…

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