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october 1988

Supreme Court of India · 1988-10-14

JAWAHARLAL WADHWA AND ANOTHER vs HARIPADA CHAKROBERTY

Citation / case number
SC 1985/67106
Court
Supreme Court of India
Petitioner
JAWAHARLAL WADHWA AND ANOTHER
Respondent
HARIPADA CHAKROBERTY
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court held that under Sections 30, 33, and 34 of the Arbitration Act, 1940, only errors of law, not mistakes of fact, are justiciable by the court. The Court ruled that a transferee in possession who stops paying monthly installments cannot claim protection under Section 53A of the Transfer of Property Act, 1882, and must show readiness and willingness to perform the contract to claim specific performance. The Court set aside the arbitrator's award and the High Court's judgment, appointing a new arbitrator.

JAWAHARLAL WADHWA AND ANOTHER vs HARIPADA CHAKROBERTY · Niyam