Case Details

Citation(s)
1998 SLG 1293 1998 SLD 1293 1998 CLC 680
Quetta High Court
Civil Miscellaneous Appeal No.23 and Regular First Appeal No.31 of 1996, decision dated: 28-08-1997
IFTIKHAR MUHAMMAD CHAUDHARY AND RAJA FAYYAZ AHMAD, JJ
M. S. Rakhshani and Khushnood Ahmed for Appellant (in C.M. Appeal No. 23 of 1996).Kamran Murtaza .for
Respondent (in CM, Appeal W23 of 1996). Khushnood Ahmed for Appellant (in RFA, No-31 of 1990. M. S. Ralthshani for
Respondents (in RFA No-31 of 1990

KHALILURREHMAN and another

VS

Haji ABDUL KARIM and 2 others

Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 14(1)---Registration Act (XVI of 1908), S.49---Filing of award in Court by Arbitrator to make the same as "Rule of Court"---Validity---Persons entitled to request Court for making direction to Arbitrator to file award in Court---Any party to Arbitration agreement could seek direction of Court requiring Arbitrator to file award in Court---No provision, however, existed whereby Arbitrator was restrained from filing arbitration award at his own---Arbitrator, thus, was entitled at his own to file award even in absence of request by any of the parties to file the same, subject to condition that it would be his sole responsibility that award was valid for all intents and purposes and had been signed by him strictly in accordance with law and that same had been reduced in writing on requisite stamps paper---When arbitration proceedings had been initiated outside the Court, at the request of parties to arbitration agreement, in addition thereto, it was to be announced and after its compilation had to be duly registered under Registration Act, 1908---Merely due to its non-registration, award having value more than Rs.100 would not be rendered inadmissible in terms of provisions of S:49, Registration Act, 1908, and such document could be used for collateral purposes: AIR 1945 Nag. 117 and AIR 1951 Nag. 32 ref. (b) Interpretation of statutes--- ---- Statute should be interpreted in such manner that it might not lead to uncertainty or unnecessary ambiguity. (c) Arbitration Act (X of 1940)--- ----Ss. 14 & 39---Civil Procedure Code (V of 1908), S.96---Dismissal of application for making award as "rule of the Court" ---Entitlement to file appeal---Beneficiaries of award being aggrieved persons for purposes of S.39, Arbitration Act, 1940 as also for S.96, C.P.C., could file appeal against order of Trial Court. PLD 1984 SC (AJ&K) 13 and PLD 1985 Quetta 56 rel. (d) Arbitration Act (X of 1940)----- ----Ss. 14 & 39---Civil Procedure Code (V of 1908), O. I, R. 10 --- Application for making award "Rule of Court" ---Dismissal of such application by Trial Court for absence of arbitrator who having filed such application had absented…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492