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february 1974

Supreme Court of India · 1974-02-26

IFTIKHAR AHMED AND OTHERS vs SYED MEHARBAN ALI AND OTHERS

Citation / case number
SC 1967/265
Court
Supreme Court of India
Petitioner
IFTIKHAR AHMED AND OTHERS
Respondent
SYED MEHARBAN ALI AND OTHERS
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that for a judgment to operate as res judicata between co-defendants, it must establish a conflict of interest, necessity for resolution, and an actual decision on the matter. The Court found that the High Court's judgment did create such a conflict, affirming that the properties belonged exclusively to the appellant's predecessor. The Court set aside the previous arbitrator's award, restoring the first award, as the High Court's judgment constituted an error of law apparent on the face of the award under Section 30 of the Arbitration Act.

IFTIKHAR AHMED AND OTHERS vs SYED MEHARBAN ALI AND OTHERS · Niyam