Supreme Court · 1961 INSC 198 · Decided 28 April 1961
Jaisri Sahu v. Rajdewan Dubey and Others
- Court
- Supreme Court of India
- Citation
- 1961 INSC 198 · [1962] 2 S.C.R. 558
- Case number
- CIVIL APPEAL No. 645/1957
- Decided
- 28 April 1961
- Bench
- T.L. VENKATARAMA AIYYAR, P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA (4-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 133(l)(c); Arbitration Act Section 39(l)(VI)
Headnote
SAidramappa Ningashetti v. l(ashinath Somanna NingashetH RaghubaY Dayal }· iy6 r April a8. 558 SUPREME COURT REPORTS [1962) praying for the setting aside of the award, no ques­ tion of refusing to set it aside can arise and therefore no appeal was maintainable under s. 39(l)(VI) of jurisdic­ tion, inasmuch as the arbitrator included in the award property which did not fall within the scope of his authority, should have been considered by the trial Court. Such an objection was not pressed before the trial Court and therefore the High Court did not allow that
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