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march 1993

Supreme Court of India · 1993-03-18

EMPLOYERS IN RELATION TO MANGT.OF W.C. vs SAMYUKTA KHADAN MAZDOOR SANGH

Citation / case number
SC 1992/67111
Court
Supreme Court of India
Petitioner
EMPLOYERS IN RELATION TO MANGT.OF W.C.
Respondent
SAMYUKTA KHADAN MAZDOOR SANGH
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Sections 8 and 14 of the Arbitration Act, an arbitrator does not have the jurisdiction to determine the execution and genuineness of a will, which falls exclusively within the purview of the probate court as per Sections 213 and 276 of the Indian Succession Act, 1925. The Court clarified that the arbitration agreement cannot extend to matters that require the probate court's exclusive jurisdiction. Consequently, the arbitrator's decisions on issues related to the will were deemed invalid, and the probate court retains the authority to adjudicate such matters.

EMPLOYERS IN RELATION TO MANGT.OF W.C. vs SAMYUKTA KHADAN MAZDOOR SANGH · Niyam