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1991 Supreme(Ker) 363

JAGANNADHA RAO, JOHN MATHEW, VISWANATHA.IYER
State – Appellant
Versus
Jolly – Respondent


Judgment :-

Jagannadba Rao, CJ.

This reference to Full Bench made on 27-2-1989 appears to us to be largely covered by the recent judgment of the Supreme Court in Associated Engineering Co. v. Government of Andhrapradesh (1991 (4) SCC 93) dealing with non-speaking awards of arbitration. The referring order of the Division Bench to the Full Bench reads thus in its concluding paragraph:

"In view of the decisions in State of Kerala v. Poulose (1988 (1) KLT 541) and State of Kerala v. Poulose (1987 (1) KLT 781) which state that even non-speaking awards are liable to be set aside if the award is contrary to the basic features of the contract or traverses beyond its terms, which are contrary to the views expressed by the various Supreme Court decisions including the latest pronouncement in Jawaharlal Wadhwa v. Haripada Chakraborty (1989 (1) SCC 76), we are of the opinion that the matter requires consideration by a Full Bench of this Court."

2. The facts of the case are as follows: The respondent, V.P. Jolly was a contractor for certain road works and he entered into an agreement with the Government on 19-12-1977 and the works were to be completed in 15 months. He contended that there was del
























































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