| Case ID |
43df6dbf-ff27-4584-9bf2-009a7764c698 |
| Body |
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| Case Number |
C.R. No. 657 of 2000 |
| Decision Date |
Feb 27, 2004 |
| Hearing Date |
Feb 19, 2004 |
| Decision |
The Lahore High Court dismissed the civil revision petition against the concurrent judgments and decrees of the lower courts, affirming the validity of the arbitration award made rule of the court. The court held that the arbitration agreement was validly executed, and the objections raised by the petitioner regarding the lack of two attesting witnesses were unfounded since the agreement was executed prior to the enactment of the Qanun-e-Shahadat Order, 1984. The court emphasized that the evidence presented fulfilled the legal requirements of the time and that the arbitrator had provided a reasoned award, thus rejecting the petitioner's claims of misconduct and lack of jurisdiction. |
| Summary |
This case revolves around the enforcement of an arbitration award under the Arbitration Act, 1940. A dispute arose among siblings regarding their respective shares of property, leading to the appointment of an arbitrator. The Lahore High Court examined the validity of the arbitration agreement executed on December 10, 1979, and the subsequent award made on December 26, 1979. The petitioner challenged the award on the grounds of alleged fraud and lack of proper attestation of the agreement. The court found that the agreement was executed before the Qanun-e-Shahadat Order came into effect, thus the requirements for attestation applicable at that time were satisfied. The court upheld the lower courts' decisions, emphasizing the importance of arbitration in resolving disputes and reinforcing the validity of arbitration awards when proper procedures are followed. This case highlights the relevance of legal standards in arbitration and the interplay between different legal provisions, making it a significant reference point for future arbitration-related cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jilani, J.
|
| Lawyers |
Mr. Shahzad Shaukat, Advocate for Petitioner,
Mr. All Muhammad Chaudhry, Advocate for Respondents
|
| Petitioners |
Chiragh Din
|
| Respondents |
3 others,
Jilal Din deceased through L.Rs.
|
| Citations |
2004 SLD 3587,
2004 PLJ 1688
|
| Other Citations |
PLD 1990 Lahore 367,
PLD 1996 SC 256,
PLD 1963 Lahore 11,
NLR 1990 CLJ 88,
PLD 1962 Karachi 386,
2002 SCMR 6089,
PLD 1976 Karachi 891,
1987 SCMR 1005,
1989 SCMR 1491,
2000 SCMR 1647,
2000 SCMR 31,
PLD 1978 SC 279,
1991 CLC 120,
AIR 1930 Cal. 750,
AIR 1950 All. 427,
PLD 1989 Lahore 485,
1991 CLC Note 120,
PLD 1996 Lahore 367,
AIR 1948 Patna 430
|
| Laws Involved |
Arbitration Act, 1940,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
14,
17,
30,
33,
17,
79
|