Delhi Development Authority Vs. Alkaram

Delhi Development Authority vs Alkaram

Type Court Judgment Court Delhi Decided Feb 24, 1982

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Citation: sooperkanoon.com/683737
Court: Delhi High Court
Judge: A.B. Rohatgi, J.
Decided On: Feb 24, 1982
Case Number: First Appeal No. 142 of 1979 and Civil Miscellaneous Appeal No. 308 of 1981
Subject: Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

Arbitration Act, 1940 - Section 30. Where an arbitrator makes a mistake either in law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside. To make a mistake of fact is not ''misconduct' so long the mistake of law do...

Key legal issue: Arbitration
Acts & sections: Arbitration Act, 1940 - Sections 30

Parties & Advocates

Appellant / Petitioner

Delhi Development Authority

Advocate L.M. Sanghvi,; L.K. Pandey,; R.K. Khanna,;

Respondent

Alkaram

Legal References

Acts: Arbitration Act, 1940 - Sections 30
Reported In: AIR1982Delhi365; 21(1982)DLT44; 1982(3)DRJ286; 1982RLR363

Excerpt

arbitration act, 1940 - section 30. where an arbitrator makes a mistake either in law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside. to make a mistake of fact is not ''misconduct' so long the mistake of law does not appear on the face of the award. the term 'misconduct' properly applies to the 'procedural mishaps' which result in injustice. the arbitrator is not bound by the technical rule & evidence. the arbitrator does not give judicial justice but rough justice of the world. - - (1) where an arbitrator makes a mistake either in law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside.(1) where an arbitrator makes a mistake either in law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside.(2) to make a mistake of fact is not 'misconduct' so long the mistake of law does not appear on the face of the award. the term 'misconduct' properly applies to the 'procedural mishaps' which result in injustice. the arbitrator is not bound by the technical rule & evidence. the arbitrator does not give judicial justice but rough justice of the world.

Full Judgment

(1) Where an arbitrator makes a mistake either In law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside.

(2) To make a mistake of fact is not 'misconduct' so long the mistake of law does not appear on the face of the award. The term 'misconduct' properly applies to the 'procedural mishaps' which result in injustice. The arbitrator is not bound by the technical rule & evidence. The arbitrator does not give judicial justice but rough justice of the world.

Same Court & Year Delhi · 1982 Same Parties Delhi Development Authority vs Alkaram Same Subject Arbitration Same Judge A.B. Rohatgi, J. Acts & Sections Arbitration Act, 1940 - Sections 30

Arbitration