| Case ID |
f90be168-02f6-45f4-9db5-7889b9245632 |
| Body |
View case body. Login to View |
| Case Number |
Judicial Miscellaneous No.21 of 1998 and Suit No. |
| Decision Date |
Dec 24, 1998 |
| Hearing Date |
|
| Decision |
The court allowed the petition under section 8 of the Arbitration Act, 1940, despite the objection raised regarding the non-issuance of notice. The court concluded that, given the circumstances of the case, treating the petition itself as a notice was appropriate to avoid delaying justice. The parties were directed to propose a sole arbitrator within one week, emphasizing the need to resolve disputes efficiently and justly, in line with the objectives of the Arbitration Act. |
| Summary |
In the case of Abdul Salam vs. Muhammad Yaqoob, the Sindh High Court addressed issues surrounding the Arbitration Act of 1940, particularly regarding the appointment of an arbitrator and the procedural requirements involved. The court evaluated the necessity of issuing notices prior to invoking its jurisdiction under section 8 of the Act. The decision emphasized that while the issuance of notice is typically mandatory, circumstances may warrant flexibility to ensure justice is served. The court's ruling highlighted the importance of resolving disputes through arbitration rather than civil litigation, reflecting a trend toward efficient legal processes. Key aspects included the appointment of a sole arbitrator and the court's discretion in procedural matters, which are essential for maintaining the integrity and efficiency of the judicial system. This case underscores the balance between adhering to legal formalities and the broader goal of delivering justice in a timely manner. The ruling serves as a significant reference for future cases involving arbitration and procedural compliance. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RASHEED A. RAZVI, J
|
| Lawyers |
Neel Kashav,
Muhammad Zaki Ahmed
|
| Petitioners |
ABDUL SALAM
|
| Respondents |
another,
MUHAMMAD YAQOOB
|
| Citations |
1999 SLD 914,
1999 CLC 1005
|
| Other Citations |
E.A. Evans v. Muhammad Ashraf PLD 1964 SC 536,
Muhammad Ramzan v. Ch. Bashir Ahmad PLD 1981 SC 340,
Syed Azhar Imam Rizvi v. Mst. Sauna Khatoon 1985 SCMR 24,
Maj. (Retd.) Muhammad Yousaf v. Mehraj-ud-Din and others 1986 SCMR 751,
Pakistan National Shipping Corporation v. Messrs General Service Corporation 1992 SCMR 871,
Ghulam Waris v. Riaz Ahmed, Advocate 1990 MLD 2300
|
| Laws Involved |
Arbitration Act (X of 1940)
|
| Sections |
8(2),
21
|