Law:

Section:

(a) Azad Jammu and Kashmir High Courts and Laws Code Act of 1949------- ---S. 13(3)-Scope-Order of Single Judge deciding "anything material to arty issue" in case-Party aggrieved has right to appeal to Division Bench. Farad Sons Ltd. v. Azad J & K Government P L D 1953 Azad J & K 19 and Sardar Baga Khan v. Sardar Muhammad Ismail Khan and others Civil Appeal No. 7 of 1961 (unreported) rel. (b) Bias---- ---Arbitrator not to decide dispute where there is probability of his being biased in case. (c) Arbitration---- --Party submitting to arbitrator having anti-rest of its own in decision-Application to Court by such party to revoke submission or stay arbitration-Competent. A I R 1952 Cal. 294 rel. A I R 1934 Sind 200 ; 140 I C 626 ; 19 I C 932 ; 157 I C 607 ; A I R 1952 Cal. 294 ; 1913 A C 241 and (1894) 2 Q B 667 ref. JUDGMENT FAYYAZ HASSAN SHAH, C. J.---Brief facts leading to this Letters Patent Appeal against the judgment of learned single judge of this Court dated 4-10-1961 are stated as under :- By virtue of an agreement dated 29-11-1957, the petitioner was granted a lease of compartment No. 9, lot No. 2 (thinning), in Domel range of Muzaffarabad Division and the terms and conditions thereof were set out in the said agreement. Clause 43 of the said agreement lays down, that :- "Every dispute, difference or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out or in respect of this agree­ment, or the subject-matter thereof shall be referred to the Chief Conservator of Forests, Azad Jammu & Kashmir Govern­ment whose decision shall be final." Clause 26 of the agreement lays down that the C. C. F. may impose a penalty not exceeding 10 times of a price of tree according to the standard rates in addition to charging the price of the trees at the lease rates in the event of the purchaser, his agents accidently, negligently or deliberately felling or damaging a tree or converting any timber to which he is not entitled in coin under working in compartments, sub-compartment or part of compart­ment or forest areas adjacent to the coup and if there are sufficient reasons to believe that the…

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