Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Co-operative Society Bombay Co-operative Societies Act 1925 Arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Co-operative Society—Arbitration—Tribunal, if and when can act on evidence taken before previous Tribunal—Party consenting to such evidence—if can object later—Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925) S. 54.The dispute between the appellant a co-operative bank and A who had taken loan and his surety was referred to arbitration under s. 54 of the Bombay Co-operative Societies Act. The Board of Arbitrators consisted of three members; after the Board has recorded some evidence, the nominee of the borrower retired. Thereafter, the Board was reconstituted. This Board also recorded some evidence ; but after some time, the newly appointed nominee of the borrower retired. There was a fresh constitution of the Board with the other two - members as before and a new member as the nominee of the borrower. Further evidence was recorded by the Board thus constituted and finally the Board gave its award in the matter. Dissatisfied with this award A filed revision applications before the Bombay Co-operative Tribunal. Apart from certain objections on merit’ a preliminary objection was taken’ as - regards ‘the legality of the award on the ground that the Board as last constituted had acted on evidence not recorded before it. The Tribunal accepted this preliminary objection and set aside the award and remanded the cases to the Assistant Registrar Shortly after this A died but his heirs and legal representatives moved the Bombay High Court under Art. 227 of the Constitution against the Tribunal’s decision. It set aside the orders passed by the Tribunal and restored the award made by the Board of Arbitrators. The Bank came up in appeal by special leave to the Supreme.Held, that when the parties expressly or impliedly agree that some evidence not taken before the Tribunal should be treated as evidence and taken into consideration, it will not be wrong or illegal for the Tribunal to act on such evidence not taken before it, the question of mode of proof is a question of procedure and is capable of being waived and therefore evidence taken in a previous judicial proceeding of a civil nature can br made admissible in a subsequent proceeding by consent of parties, While what is not relevant under the Evidence Act cannot in proceedings to which Evidence Act applies, be made relevant by consent of patties, relevant evidence can be brought on the record for consideration of the Court or the Tribunal without following the regular mode, if parties agree.When a party does not only raise no objection before a Court or Tribunal to proceed on the evidence already recorded before the previous Court or Tribunal and impliedly invites the Court or Tribunal to act on such evidence previously recorded, he cannot be allowed later on to object to the Court or Tribunal having considered such evidence. The High Court having come to the conclusion that the Tribunal was wrong in allowing the preliminary objection raised before it, the High Court was not entitled to ignore the fact that before the Tribunal other questions had been raised which had not been considered by it. The proper order to pass in such a case ordinarily would be to set aside the order of the Tribunal and direct it to decide the applications for revision on their merits. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1962 INSC 163 |
Petitioner | The Kalyan People's Co-operative Bank |
Respondent | Dulhanbibi, Aqual Aminsaheb Patil |
SCR | [1963] 2 S.C.R. 348 |
Judgement Date | 1962-04-23 |
Case Number | 555 |
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