Headnote
A) Arbitration - Validity of Agreement - Requirements of Authorization - Government of India Act, 1935, Section 175(3) - The court held that the authorization for arbitration could be conferred ad hoc, satisfying the requirements of the section. The Executive Engineer was deemed authorized to execute the arbitration agreement, thus validating the reference to arbitration (Paras 1-2). B) Arbitration - Validation of Award - Indian Stamp Act, 1899, Section 35 - The court determined that the award sent to the court was the original document, not a copy, and was validated upon payment of the requisite stamp duty. The mis-description of the document as a
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Issue of Consideration
Whether there was a valid agreement of reference to arbitration binding on the Government and whether a decree could be passed on the unstamped copy of the award filed in court.
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Final Decision
The appeal fails and is dismissed with costs.
Law Points
- Arbitration
- Validity of Award
- Stamp Duty
- Government Authorization
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