NDLI: Capt. (now Major) Ashok Kshyap Vs. Mrs. Sudha Vasisht & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Registration Act Arbitration Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Registration Act, 1908 (16 of 1908) Arbitration Act, 1940 (10 of 1940)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Registration Act, 1908: s.17(1)(b)-Arbitration award-Not creating any right of effecting partition in immovable property-Whether required to be registered. Arbitration Act, 1940: ss.15(b), 16(1)(c) and 17-Unregistered award-Whether imperfect in form-Whether could be made a rule of the Court-Legality of the award not challenged-Whether could be remitted to the Arbitrator. Constitution of India: Article 136-Jurisdiction of the Court-To 0 protect interests of all parties. A family dispute between the parties pertaining to movable and immovable property left intestate by their father was referred by them to arbitration. The award made on February 12, 1977 stated: (i) that the appellant should pay to the respondent a specified sum, on payment of which she will have no right to live in the house and also have no other interests in the said property as a legal heir; (ii) that till the full amount was paid she would be entitled to live in the portion of the house in her occupation and not be liable to pay any rent; (iii) that the 2nd respondent shall have right of residence in the said house plus right to receive from the appellant a specified sum per month as maintenance for life or till she is married; and (iv) that in case of her marriage the appellant should pay her the specified sum upon which she will have no right to live in the house or get any maintenance. The aforesaid award was filed in court on March 10, 1977 and accepted by the appellant and the 2nd respondent on May 11, 1977. The first respondent filed her objection to the award on October 11, 1977 on two grounds: (i) that being unregistered it was incapable of being made the rule of the court in terms of s. 17 of the Arbitration Act, and (ii) that the second respondent being mentally retarded could not be a party to the arbitration proceedings. The High Court upheld the first objection but not the second. In this appeal by special leave it was contended for the appellant that even if the award was not properly registered as required wider s. 17 of the Registration Act, in view of the fact that it was filed within a period of one month of its making and since four months time was there to have the award registered by the arbitrator the court should have exercised its powers under s. 15(b) and s.16(1)(c) of the Arbitration Act, 1940. For the first respondent it was contended that the award effected partition of immovable property and having not been registered it could not be made a rule of the court.
Judge	Honble Mr. Justice Sabyasachi Mukherjee
Neutral Citation	1987 INSC 33
Petitioner	Capt. (now Major) Ashok Kshyap
Respondent	Mrs. Sudha Vasisht & Anr.
SCR	[1987] 2 S.C.R. 151
Judgement Date	1987-02-04
Case Number	314

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Capt. (now Major) Ashok Kshyap Vs. Mrs. Sudha Vasisht & Anr.

Please Log-in to view this content

Major (retd.) Inder Singh Rekhi Vs. Delhi Development Authority

Mrs. Payal Ashok Kumar Jindal Vs. Capt. Ashok Kumar Jindal

A. Sudha Vs. University of Mysore & Anr.

Smt. V. Sudha Vs. P. Ganapathi Bhat & Anr.

The Appropriate Authority and Anr. Vs. Smt. Sudha Patil and Anr.

Vinod Kumar Sachdeva (dead) Thr Lrs Vs. Ashok Kumar Sachdeva & Ors

M/s Bses Ltd. (now Reliance Energy Ltd.) Vs. M/s Fenner India Ltd: and Anr.

Sudha Verma Vs. State of U.p. and Anr.

State of Karnataka Vs. Bantara Sudhakara @ Sudha & Anr.

Capt. (now Major) Ashok Kshyap Vs. Mrs. Sudha Vasisht & Anr.

Capt. (now Major) Ashok Kshyap Vs. Mrs. Sudha Vasisht & Anr.

Please Log-in to view this content

Similar Documents

Major (retd.) Inder Singh Rekhi Vs. Delhi Development Authority

Mrs. Payal Ashok Kumar Jindal Vs. Capt. Ashok Kumar Jindal

A. Sudha Vs. University of Mysore & Anr.

Smt. V. Sudha Vs. P. Ganapathi Bhat & Anr.

The Appropriate Authority and Anr. Vs. Smt. Sudha Patil and Anr.

Vinod Kumar Sachdeva (dead) Thr Lrs Vs. Ashok Kumar Sachdeva & Ors

M/s Bses Ltd. (now Reliance Energy Ltd.) Vs. M/s Fenner India Ltd: and Anr.

Sudha Verma Vs. State of U.p. and Anr.

State of Karnataka Vs. Bantara Sudhakara @ Sudha & Anr.

Capt. (now Major) Ashok Kshyap Vs. Mrs. Sudha Vasisht & Anr.