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Delhi Development Authority Vs. Alkaram - Court Judgment

LegalCrystal Citation
SubjectArbitration
CourtDelhi High Court
Decided On
Case NumberFirst Appeal No. 142 of 1979 and Civil Miscellaneous Appeal No. 308 of 1981
Judge
Reported inAIR1982Delhi365; 21(1982)DLT44; 1982(3)DRJ286; 1982RLR363
ActsArbitration Act, 1940 - Sections 30
AppellantDelhi Development Authority
RespondentAlkaram
Advocates: L.M. Sanghvi,; L.K. Pandey,; R.K. Khanna,;
Excerpt:
.....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.....(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.
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.


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