SMT. SANTA SLLA DEVI AND ANOTHER versus DHIRENDRA NATH SEN AND OTHERS

SMT. SANTA SLLA DEVI AND ANOTHER versus DHIRENDRA NATH SEN AND OTHERS

The award is not incomplete; the arbitrator's silence regarding the disputed claims is interpreted as rejection. The award, made expressly 'de praemissis', is presumed to dispose of all disputes referred, and no specific adjudication was required for the omitted claims.

Parties
Appellant: Santa Sila Devi; Respondent: Dhirdendra Nath Sen
Jurisdiction
India
Judgment Date
26 April 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Calcutta High Court Judgment and Decree
Outcome
appeal dismissed
Legal Topics
Validity of Arbitration Award, Award Completeness, Partition of Joint Property
Arbitration Civil Procedure Validity of Arbitration Award Award Completeness Partition of Joint Property

Case Brief

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Parties

Santa Sila Devi

Appellant

Dhirdendra Nath Sen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Calcutta High Court Judgment and Decree

Legal Issues

  1. 1 Whether the arbitration award is incomplete for not disposing of all disputes referred
  2. 2 Whether the silence of the arbitrator on specific claims implies rejection
  3. 3 Jurisdiction of arbitrator to create trust of property

Ratio Decidendi

The award is not incomplete; the arbitrator's silence regarding the disputed claims is interpreted as rejection. The award, made expressly 'de praemissis', is presumed to dispose of all disputes referred, and no specific adjudication was required for the omitted claims.

Court Disposition

appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.