Reference - Definition - Law Dictionary Home Dictionary Definition reference

Definition :

Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.

The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any cause 'requiring any prolonged examination of documents or accounts or any scientific or local investigation which cannot, in the opinion of the Court, conveniently be made before a jury, or conducted by the Court through its other ordinary officers,' for trial.

The Arbitration Act, 1889 (English) (52 & 53 Vict. c. 49), as amended by the Arbitration Act, 1934 (English) (24 & 25Geo.5, c. 14), has amended and consolidated the law of references. See also ARBITRATION.

The expression 'reference' in s. 2(e) of the Arbitration Act, 1940, is an actual reference made jointly by the parties after disputes have arisen between them referring the said disputes for adjudication to a named arbitrator or arbitrators, while the expression 'arbitration agreement' is wider as it combines within itself two concepts, (a) a bare agreement between the parties that disputes arising between them should be decided or resolved through arbitration and (b) an actual reference of a particular dispute or disputes for adjudication to a named arbitrator or arbitrators, Banwari Lal Kotiya v. P.C. Aggarwal, AIR 1985 SC 1003 (1006): (1985) 3 SCC 255: (1985) Supp 1 SCR 567.