A.M.BHATTACHARJEE
Gangadhar Sarda – Appellant
Versus
Union of India – Respondent
JUDGMENT:- The learned District Judge, in whose Court the impugned award was filed, having rejected the application of the appellant for setting aside the same, the appellant has come up in appeal against the order of the District Judge refusing to set aside the award.
2. The impugned award has not set out any of the facts and circumstances of the case or the respective contentions or arguments of the parties nor has given any reason whatsoever for accepting or rejecting any of the claims or counter-claims preferred by the parties and (to borrow expressions from the Civil P. C.) is in the nature of a "decree" only and not a "judgment". Mr. Deb, the learned Standing Counsel for the respondent Union of India, has, therefore, as is usual for a counsel appearing to support an award, urged that the award not having spelt out any fact or law, no error of law, and, therefore, far less an error of law apparent on the face of the award, can be discovered which would warrant setting aside of or any other interference with the award.
3. As is well-known, as early as in 1857, Williams, J., in Hodgkinson v. Fernie (1957-3, CB NS 189 at 202) observed that "where a cause or matters in diff
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.