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april 1962

Supreme Court of India · 1962-04-17

M/S. SURAJMULL NAGARMULL vs STATE OF WEST BENGAL

Citation / case number
SC 1959/143
Court
Supreme Court of India
Petitioner
M/S. SURAJMULL NAGARMULL
Respondent
STATE OF WEST BENGAL
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that an arbitrator appointed under Section 19(1)(b) of the Defence of India Act, 1939, is not a court and thus not subject to the appellate jurisdiction of the High Court. The Court clarified that while the Act confers a right to appeal against the arbitrator's award, this right is limited by the rules, specifically stating that no appeal lies if the compensation awarded does not exceed Rs. 5000. Since the arbitrator's award dismissing the claim was under this threshold, the appeal was deemed maintainable.

M/S. SURAJMULL NAGARMULL vs STATE OF WEST BENGAL · Niyam