| Case ID |
d430d65e-cb14-497f-92ff-26802a8291a7 |
| Body |
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| Case Number |
Letters Patent Appeal No. 43 of 1951 |
| Decision Date |
Feb 19, 1953 |
| Hearing Date |
|
| Decision |
The Lahore High Court held that the Letters Patent Appeal was competent and not a 'second appeal' as defined in the Arbitration Act. The court emphasized that a Letters Patent Appeal serves as an internal review mechanism rather than a conventional appeal from an inferior to a superior court. The court also ruled that the arbitrators had not completed the required work in the arbitration matter, as they failed to effect the actual division of the property. Consequently, the award was remitted to the arbitrators for completion, ensuring that all matters referred to them were decisively addressed. The court found merit in the contention that the arbitrators' delegation of functions to the court was improper, which necessitated the remittance of the award for proper adjudication. |
| Summary |
This case revolves around a Letters Patent Appeal concerning an arbitration matter involving Mst. Allah Wasai and her daughters against Manzoor Ahmad and Zahoor Ahmad. The court analyzed the nature of the appeal, determining that it is not a second appeal in the sense defined by the Arbitration Act, 1940. The ruling clarified that the court's internal processes allow for review without the constraints of traditional appeal definitions. The arbitration involved a partition dispute over property left by a deceased family member. The court found that the arbitrators had only partially fulfilled their mandate, specifically failing to finalize the actual division of property. This led to the decision to remit the award back to the arbitrators for completion. The case highlights the importance of ensuring that arbitration processes are thoroughly completed and that the roles of arbitrators and courts are distinctly maintained. Keywords like 'Letters Patent Appeal,' 'Arbitration Act,' 'property partition,' and 'judicial review' are integral to understanding the legal implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. REHMAN,
MUHAMMAD JAN
|
| Lawyers |
Akhlaq Hussain,
Ghulam Abbas Jafrey,
Muhammad Yaqub Ali Than,
M. B. Zaman
|
| Petitioners |
Mst. ALLAH WASAI
|
| Respondents |
Manzoor Ahmad,
Muzaffar-ud-Din,
Zahoor Ahmad
|
| Citations |
1953 SLD 52,
1953 PLD 284
|
| Other Citations |
Not available
|
| Laws Involved |
Letters Patent (Lahore), 1919,
Arbitration Act, 1940
|
| Sections |
10,
39(2)
|