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february 1965

Supreme Court of India · 1965-02-26

NAWAB USMANALI KHAN vs SAGARMAL

Citation / case number
SC 1963/257
Court
Supreme Court of India
Petitioner
NAWAB USMANALI KHAN
Respondent
SAGARMAL
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the award made by the arbitrator did not require registration under Section 17 of the Registration Act, 1908, as it did not create any interest in immovable property. The Court ruled that proceedings under Section 14 read with Section 17 of the Arbitration Act, 1940, do not constitute a suit and thus are not subject to the consent requirement of Section 86(1) and Section 87B of the Code of Civil Procedure, 1908. Furthermore, the amounts payable to the appellant as privy purse were deemed a political pension under Section 60(1)(g) of the Code, and therefore not liable to attachment or sale in execution of a decree.

NAWAB USMANALI KHAN vs SAGARMAL · Niyam