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BIBI IMDAD KHATOON vs Syed BAHAR ALI SHAH Ss — 2024 CLC 1957 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1957 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
BIBI IMDAD KHATOON vs Syed BAHAR ALI SHAH Ss
Subject matter
Criminal
Provisions referred to
S. 115---S; S. 26-; S. 17; S. 115; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BIBI IMDAD KHATOON VS Syed BAHAR ALI SHAH Ss. 17 & 26-a---Specific Relief act (I of 1877), Ss.8, 42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for declaration, injunction and recovery of mesne profits and possession---award made rule of Court--- Non-providing of reasons---Petitioners / plaintiffs were aggrieved of judgment and decree passed by Lower appellate Court making award as rule of the Court--- Validity--- arbitrator was obligated to provide sufficient detail in the reasoning for the award to enable Court to consider any question of law arising out of the award and failure to do so necessitated setting aside of the award---Lower appellate Court confirmed the award as a rule of the Court, pursuant to Ss. 17 & 26-a of arbitration act, 1940--- award was short of detailed reasoning required by S. 26-a of arbitration act, 1940--- In addressing objections submitted by petitioners / plaintiffs, Lower appellate Court summarily dismissed them without a substantive judicial evaluation---Lower appellate Court neglected its obligation under S.17 of arbitration act, 1940 to judiciously scrutinize the award, which was a departure from expected standard of judicial scrutiny---Lower appellate Court transgressed legal boundaries by confirming arbitrator's award as a rule of the Court---When judgment and decree was marred by legal defects specified in S. 115, C.P.C. it was imperative duty of High Court to rectify such deficiencies---High Court in exercise of revisional jurisdiction declared award rendered by arbitrator as illegal and invalid and judgment and decree issued by Lower appellate Court was set aside--- High Court remanded the matter to Lower appellate Court to decide appeal preferred by respondents / defendants afresh--- Revision was allowed accordingly.

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