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Chhajju Ram Vs. Neki Ram & Others

Chhajju Ram Vs. Neki Ram & Others Subject matter of the case - What is the meaning of "Any other sufficient cause" and principle "of Ejusdem Generis" under Order 47 Rule 1 C.P.C. ? Facts of the case -  1. On 22nd October, 1912 one Mr. Chhajju Ram purchased certain lands of villages Kasgar and Jammi Kera from Mrs. Forbes for Rs. 42,000/- Mr. Chhajju Ram also took the possession of the above properties after the execution of the sale deed in his favour. 2. Neki Ram and others filed a suit against Chhajju Ram alleging that the execution of the above sale deed in favour of the defendant is collusive hence the same be declared null and void and the plaintiffs be given the possession of the said land on payment of Rs. 15,000/- on the basis of their preemptions. It was argued by the plaintiffs that :- i. The plaintiffs are Gaur Brahmins by caste and are the occupancy tenants of village Kasgar and were the members of Agriculture Tribes within the meaning...
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Meaning of Arbitral award, Rules applicable, Time limit for arbitration

Meaning of Arbitral award, Rules applicable, Time limit for arbitration 

Arbitral Award :- U/s. 2(1)(c) the term 'Arbitral Award ' is not defined but it states that the 'Arbitral Award' includes an interim award. Although S. 31(6) submits explanation in this regard as under -
The 'Arbitral tribunal' may, at any time during the arbitral proceedings, make an arbitration award on any matters with respect to which it may make a final arbitral award. Thus, an interim award may be the Arbitral Award. So, an interim award may be a final award.
 According to H.Lexicon - 'It is an instrument which embodies a decision of an arbitrator, arbitrator's as regards matters referred to him or them'.
An award, whether it is arbitral or interim is a decision of the arbitrator or arbitrators which is determined after contentious of the parties considered and an arbitrator or the arbitrators put his or their opinion in the form of decision. The consent of the parties may not be present in a decision. An arbitral award decided by the arbitral institution judicially which will have binding effect in respect of the parties in dispute.
The contents of an arbitral award must be in writing, not oral. An arbitral award is like a decree which comes into effect from the date on which it has been signed and right of the related parties come in to effect from the date onward.
Any agent on behalf of the parties to dispute if authorised by the parties may refer to arbitration for settlement of matter.

Essentials of Arbitral Award :-
1. It must be written.
2. The parties must be competent to arbitration.
3. The arbitration agreement must be fit to assign dispute before any domestic tribunals.
4. The decision of domestic tribunal must be written.
5. The contents of an award must be the subject matter of the arbitration.
6. The award must be determined on principles of natural justice.
7. The arbitrator must sign while giving award and also mention date therein.

Time limit for arbitral award :-
As per the 2015 amendments, an award has to be made within a period of 12 months from the date the arbitral tribunal is appointed and such period may be extended by a maximum period of 6 months by the parties. For any subsequent extension, an application to the court would need to be made.

Rules applicable and substance of dispute in arbitral award:-
Section 28 of the Arbitration and conciliation Act, 1996 provides rules which are applicable to the substance of dispute. It specifies the law or the rules of law according to which the arbitral tribunal shall decide the dispute submitted for arbitration.

Source :- unique 
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Chhajju Ram Vs. Neki Ram & Others

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