CHARAN SINGH AND ORS. versus BABULAL AND ORS.

CHARAN SINGH AND ORS. versus BABULAL AND ORS.

The decision of the Civil Judge modifying the award is appealable under section 39 of the Arbitration Act. Sections 15 and 39 of the Arbitration Act apply to proceedings under the U.P. Consolidation of Holdings Act, and 'final' in section 12(6) refers to the decision as it emerges after proceedings under the Arbitration Act.

Parties
Appellant: Charan Singh; Appellant: Dungar Singh; Appellant: Maharaj Singh; Appellant: Lajja Ram; Respondent: Babulal; Respondent: Mohar Singh; Respondent: Ram Piyari
Jurisdiction
India
Judgment Date
25 March 1966
Procedural Posture
Civil Appeal / Supreme Court – Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Appealability of Modified Awards, Statutory Arbitration Under Consolidation Act
Arbitration Land Law Appealability of Modified Awards Statutory Arbitration Under Consolidation Act

Case Brief

Summary, issues, holding and outcome

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Parties

Charan Singh

Appellant

Dungar Singh

Appellant

Maharaj Singh

Appellant

Lajja Ram

Appellant

Babulal

Respondent

Mohar Singh

Respondent

Ram Piyari

Respondent

Procedural Posture

Civil Appeal / Supreme Court – Appeal by Special Leave

Legal Issues

  1. 1 Whether an order of the Civil Judge modifying the award under the Uttar Pradesh Consolidation of Holdings Act is appealable under section 39 of the Arbitration Act, 1940

Ratio Decidendi

The decision of the Civil Judge modifying the award is appealable under section 39 of the Arbitration Act. Sections 15 and 39 of the Arbitration Act apply to proceedings under the U.P. Consolidation of Holdings Act, and 'final' in section 12(6) refers to the decision as it emerges after proceedings under the Arbitration Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs