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august 1958

Supreme Court of India · 1958-08-22

HANSKUMAR KISHANCHAND vs THE UNION OF INDIA(and connected appeal)

Citation / case number
SC 1954/90254
Court
Supreme Court of India
Petitioner
HANSKUMAR KISHANCHAND
Respondent
THE UNION OF INDIA(and connected appeal)
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that appeals under Section 19(1)(f) of the Defence of India Act, 1939, from awards made under Section 19(1)(b) of the same Act are not maintainable as they do not constitute a judgment, decree, or order under Sections 109 and 110 of the Code of Civil Procedure, 1908. The Court emphasized that such appeals are essentially arbitration proceedings and thus final and not appealable under ordinary law. Consequently, both appeals were dismissed.

HANSKUMAR KISHANCHAND vs THE UNION OF INDIA(and connected appeal) · Niyam