P L D 1980 Karachi 226 (PLP)
Before Naimuddin, J Versus TRADING CORPORATION OF PAKISTAN LTD.-Defendant
| Citation | P L D 1980 Karachi 226 (PLP) |
| Forum / Court | Ss. 30 & 33--Arbitrator-Misconduct of proceedings-Arbitrator not authorised by parties to decide dispute on his own knowledge Arbitrator also not claimed to be an expert in trade so as to be able to assess damages on his own expert knowledge-Defendants not leading any oral or documentary evidence before arbitrator to establish their claim for damages, arbitrator still awarding 90 % of amount deposited by plaintiff by way of security deposit as damages-Arbitrator, held, mis-conducted arbitration proceedings-Case remanded to decide dispute afresh after taking such evidence as may be produced by parties.-Arbitrator. |
| Bench Members | Naimuddin, J |
| Parties | Before Naimuddin, J Versus TRADING CORPORATION OF PAKISTAN LTD.-Defendant |
| Primary Law | Arbitration Act (X of 1940) |
Q1: What are the key laws and sections cited in P L D 1980 Karachi 226 (PLP)?
This judgment primarily cites: Arbitration Act (X of 1940) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1980 Karachi 226 (PLP)?
The case was heard and decided by the Ss. 30 & 33--Arbitrator-Misconduct of proceedings-Arbitrator not authorised by parties to decide dispute on his own knowledge Arbitrator also not claimed to be an expert in trade so as to be able to assess damages on his own expert knowledge-Defendants not leading any oral or documentary evidence before arbitrator to establish their claim for damages, arbitrator still awarding 90 % of amount deposited by plaintiff by way of security deposit as damages-Arbitrator, held, mis-conducted arbitration proceedings-Case remanded to decide dispute afresh after taking such evidence as may be produced by parties.-Arbitrator. bench comprising: Naimuddin, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1980 Karachi 226 (PLP) (Before Naimuddin, J Versus TRADING CORPORATION OF PAKISTAN LTD.-Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing : 10th April 1978.
Headnotes / Summary
Ss. 30 & 33--Arbitrator-Misconduct of proceedings-Arbitrator not authorised by parties to decide dispute on his own knowledge Arbitrator also not claimed to be an expert in trade so as to be able to assess damages on his own expert knowledge-Defendants not leading any oral or documentary evidence before arbitrator to establish their claim for damages, arbitrator still awarding 90 % of amount deposited by plaintiff by way of security deposit as damages-Arbitrator, held, mis-conducted arbitration proceedings-Case remanded to decide dispute afresh after taking such evidence as may be produced by parties.-[Arbitrator]. Amin Jute Baling Co. Ltd. v. Aminpur Union Co-operative Multipurpose Society Ltd. P L D 1961 Dacca 102; Kh. Ghulam Rasool Lone v. Azad Jammu & Kashmir Government P L D 1971 Aaad J & K 127; Messrs Bajrangilal Laduram v. Ganesh Commercial Co. Ltd. A I R 1951 Cal. 78; Muhammad ' Saghir Bhatti & Sons v. The Federation of Pakistan and another P L D 1958 S C (Pak.) 221; Balawal Khan v. Captain Muhammad Alam Khan and others P L D 1956 Lah. 494; Messrs Overseas Cotton Company v. Messrs S. M. Fuzail & Co. P L D 1958 Kar. 27; Messrs Transocean Asia v. Secretary to Government of Pakistan, Ministry of Agriculture and Works P L D 1967 Kar. 445; Suleman Haji Muhammad & Co. v. State Bank of Pakistan P L D 1960 Kar. 78; Champsey Bhara & Co. v. Jivaraj Balloo Spinning & Weaving Co. Ltd. A I R 1923 P C 66; Messrs Afiluddin Brothers Ltd. v. Messrs Pak Jute Bales, Narayanganj 1970 S C M R 1 and Federation of Pakistan v. Yousuf Ali Khan P L.D 1977 S C 236 ref. Khalid Anwar for Plaintiff: A.
1. Chundrigar for Defendant.