Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Defence of India Act 1939 Arbitrator appointed under the Defence of India Act Right to appeal against the award Arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration—Arbitrator appointed under the Defence of India Act, if a court—Right to appeal against the award, if and when, exercisable—Defence of India Act, 1939 (35 of 1939), Ss. 19(1), 19(1)(f) and (g), 19(3)(c)—Defence of India Rules, 1939, rr. 75A, 19, second proviso.The appellants were tenants of three warehouses and vacant land, which were used for storage of jute belonging to the appellants. By an order issued under r. 75A of the Rules framed under the Defence of India Act, 1939, the warehouses were requisitioned by the Government. An arbitrator was appointed under s. 19(1)(b) of the Defence of India Act to fix the amount of compensation payable to the owner. The claim of the appellants to compensation for loss of earning, and for ‘‘loss of business” was rejected by the arbitrator. An appeal filed by the appellants against the arbitrator was dismissed by the High Court at Calcutta, as not maintainable. Held, that the arbitrator appointed under s. 19 of the Defence of India Act is not a court, nor is a tribunal subject to the appellate jurisdiction of the High Court. By the Act a right to appeal against the award of the arbitrator is conferred, but the exercise of that right is restricted in the manner prescribed by the rules framed under the Act. By the second proviso to r. 19 an appeal does not lie against an award of the arbitrator where the amount of compensation awarded does not exceed Rs. 5000/-- An award dismissing the claim in its entirety is one in which the amount awarded does not exceed Rs. 5000—and therefore an appeal lay to the High Court. |
Judge | Honble Mr. Justice J.C. Shah |
Neutral Citation | 1962 INSC 149 |
Petitioner | M/s. Surajmull Nagarmull |
Respondent | State Of West Bengal |
SCR | [1962] 2 S.C.R. 163 |
Judgement Date | 1962-04-17 |
Case Number | 403 |
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