ARBITRATION

ADNAN KHAN
• ARBITRATION
 Arbitration
Arbitration is a process of ADR in which a neutral
third party (called the arbitrator) renders a decision
after a hearing at which both parties have an
opportunity to be heard.
Parties to a dispute get the same settled through the
intervention of a third person, but without having
recourse to court of law.
Arbitration, a form of ADR, is a technique for the
resolution of disputes outside the courts, where the
parties to a dispute refer it to one or more persons –
arbitrators, by whose decision they agree to be
bound.
 Arbitration
• A resolution technique in which a third party reviews
the evidence in the case and imposes a decision that
is legally binding for both sides and enforceable.
There are limited rights of review and appeal of
Arbitration awards. Arbitration is not the same as
judicial proceedings and Mediation.
• Arbitration can be either voluntary or mandatory. Of
course, mandatory Arbitration can only come from a
statute or from a contract that is voluntarily entered
into, where the parties agree to hold all existing or
future disputes to arbitration.
 How does Arbitration Work
• • Arbitration procedures are very similar to court. The
only difference being that there are no hurdles of the
strict rules of procedure or law of evidence, yet
legally binding. After the claim is filed and the
opposite side responds; the parties exchange
information relevant to the case; the arbitrator hears
both sides, studies the evidence, and decides the case.
• • Arbitration often is contractual: two parties agree to
use arbitration to resolve a dispute. The parties agree
on what basis they want the arbitrator to decide the
case.
 What can be referred to Arbitration

Generally speaking, all disputes of a civil nature or

quasi-civil nature, which can be decided by a civil
court, can be referred to arbitration.
It is necessary that there is a defined legal
relationship between persons, companies, association
of persons, body of individuals etc. created or
permitted by law, before a reference can be made to
arbitration.
However, the relationship may not be a contractual
one. A dispute may arise out of quasi contracts; .e.g.,
the division of family property. The same may be
validly referred to Arbitration.
 ARBITRATION
• Any RO may with the consent of the parties, refer to
arbitration any dispute arising before him in any
manner under this Act.
• The collector or any Acol, 1st grade however may
even without the consent of the parties refer to
arbitration any dispute arising before him with
respect to:
 ARBITRATION
• (1) any matter of which an entry is to be made in any
record or register under Chapter VI; or
• (2)any matter relating to the distribution of an
assessment under section 67; or
• (3) The limits of any estates or of any holding, field
or other portion of an estate; or
• (4) the property to be divided at a partition or the
mode of making partition.
 ARBITRATION

 Each party shall nominate an equal number of arbitrators not

exceeding two specified in the order of reference and the RO
shall nominate one other arbitrator. Any nomination may be
disallowed by a RO and he may require the party to make
another nomination within a specified period. This order shall
be final.
 In order of reference-- period for the delivery of award along
with precise matter is to be specified. This order may be
cancelled or period may be enlarged. If an arbitrator dies,
desires to be discharged or refuses or becomes incapable to
act, the party may nominate another person in his stead.(154)
 Nomination and substitution of Arbitrator by RO (155)

• The RO may nominate a person as an

arbitrator in any of the following cases—
• 1. if any party fails to nominate his arbitrator.
• 2. if the nomination has been disallowed and
another person is not nominated in his stead.
• 3.if an arbitrator dies or refuses or becomes
incapable.
 Nomination and substitution of Arbitrator by RO (155)

• The RO on the application of the arbitrators, shall

issue the same processes for appearance of parties or
witnesses before them as for appearance before him.
Any party or witness thus summoned shall be in the
same position as those summoned for proceedings
before the officer himself.
 ARBITRATION

• The arbitrator shall make an award in writing stating

therein reasons thereof and shall present it to the RO
in person or by agent or by registered post. The RO
shall fix a date for consideration of the award and
shall hear any objections which the parties may have
to make to it.(157)
• The RO may accept, modify or reject the award, and
an appeal shall lie form his decision as if arbitrators
had not been appointed. Arbitration Act of 1940 is
not applicable to aforesaid provisions. [Ss 151-160]
• APPEAL, REVIEW AND
REVISION
 APPEAL, REVIEW AND REVISION
• Save as otherwise provided by this Act, an appeal
shall lie from an original or appellate order of a RO
as follows, namely,
• 1. to the Collector; when an order is made by an AC,
of either grade;
• 2. to the Commissioner , when the order is made by a
Collector;
• 3. to the BoR only on a point of law, when the order
is made by a Commissioner:
 APPEAL, REVIEW AND REVISION

• Provided that
• a. When an original order is confirmed on
First appeal, a further appeal shall not lie;
• b. When any such order is modified or
reversed on appeal by the Collector, the order
made by the Commissioner if any, shall be
final.
 Appeal

• Appeal: Appeal is a process of re-

examination of the judgment and decree, or
order or the decisions passed by the original
court is a suit or in a case.
• The expression “appeal” has not been defined
in the code, but it may be defined as “the
judicial examination of the decision by a
higher court of the decision of an inferior
court”.
 Appeal

• Revision: Revision is re-working and re-writing.

Revision, meaning "to see again," takes place during
the entire writing process as we change words,
rewrite sentences, and shift paragraphs from one
location to another in our essay.
• Revision means the action of revising, especially
critical or careful examination or perusal with a view
to correcting or improving.
 APPEAL, REVIEW AND REVISION
An order passed in review, modifying or
reversing a previous order, shall be deemed to
be an original order for the purposes of this
section.
No order shall be passed without giving
reasonable notice, to the parties affected
thereby, to be heard.
Time limit running from the date of order
appealed against, is thirty days when appeal
lies to Collector: 60 days when it lies to
Commissioner and 90 days when lies to BoR.
 REVIEW
• Review means consideration, inspection or re-
examination of a subject or thing. According
to section (114) of CPC, any person aggrieved
by a decree or order from which an appeal is
allowed but not filed, or a decree or order
from which no appeal is allowed, can file a
review petition in the same court which passed
such decree or order on the following grounds:
 REVIEW
• 1. When new and important matter or evidence
is discovered which after the exercise of due
diligence was not within his knowledge, or
could not be produced by him at the time
when the decree or order was passed;
• 2. When there is any mistake or error apparent
on the face of the record;
• 3. When there is any other sufficient reason.
 REVIEW
• Review: RO of all grades possess larger powers of
reviewing their own orders and those of their
predecessors provided no appeal against them has
been lodged.
• In the case of ACs however the exercise of this
power is in every case subject to the previous
sanction of the Collector.
• The collector can review his own orders without any
permission but if he wishes to review the order of his
predecessor in office, previous sanction of
Commissioner is required.
 REVIEW
• Similarly Commissioner can review his own orders
but not that of his predecessor without first
obtaining the sanction of BoR.
• Limitation whereof is 90 days and person to be
affected must be given opportunity of being heard.
• An appeal does not lie an order refusing to review
or confirming on review a previous order.
 APPEAL, REVIEW AND REVISION
• Revision: Any officer may call for the file of a case
pending before or disposed of by any of his
subordinates in order to satisfy himself of the
correctness of any final or intermediate order which
has been passed.
• If the Collector thinks such an order ought to be
altered, he can submit the file to the Commissioner
for orders which statement of his opinion. The only
officer is BoR, who can revise an order not passed by
him, or by predecessor-in-officer.
 APPEAL, REVIEW AND REVISION
• No order shall be effected without affording opportunity of
being heard to the person to be affected.
• Stay: No order for stay of proceedings or execution of decree
shall be made unless the authority making such order is
satisfied that;
• (1) substantial loss may result to the party applying for stay
unless the order is made,
• (2) application has been made without unreasonable delay,
• (3) where necessary, security has been given by the applicant
for the due performance of order or decree as may ultimately
be binding upon him. Accidental slips or omission or clerical
mistakes made by any officer may be corrected by himself or
his successor-in-office. (Ss 161 to 167)
•Supplemental Provisions
 Supplemental Provisions

• If a headman or other land owner to whom any

sum other than rent payable, refuses to revive
the sum form, or to grant a receipt therefor, to
the person by whom it is payable or when such
person is in doubt as to the headman or land
owner entitled to receive it, may apply to RO
for leave to deposit the sum in his office who
may receive it.
 Supplemental Provisions

• On such deposit being made the liability of the

depositor for the amount thereof shall be
discharged. If the deposit is on account of any
payment due to Govt, it may be so credited.
• If it is on account of payment other than that
due to Govt the RO may pay the amount
thereof to any person appearing to him to be
entitled to the same or may retain the deposit
pending the decision of a civil court.
 Supplemental Provisions
• But no suit shall be instituted against the Govt
or any of its officers in respect of the disposal
of such sum though any person aggrieved may
recover it by civil suit form the person to
whom it has been paid. (Ss 168-169).
 Supplemental Provisions
• Orders issued by any civil or criminal court for the
attachment, sale or delivery of any land or produce of
any land, shall be addressed to the Collector or RO
appointed in this behalf, and be executed in
accordance with provisions of law applicable to the
court issuing the orders, and with rule not inconsistent
therewith made by the BoR with the concurrence of
the HC and previous approval of Govt. [S-170]
• Preservation of Attached produce
• The attachment of the produce of any land shall not
prevent, the person to whom it belongs, from doing
any act necessary for its preservation and after its sale
the purchaser shall preserve and remove it. (S-171)
 Supplemental Provisions
• Except as otherwise provided, civil court shall not
have jurisdiction in any matter which is to be
disposed of or cognizance taken by any authority
under this Act. Sec 172(2) gives list of matters thus
excluded form the jurisdiction of Civil court. The Act
however allows intervention of civil court on the
following occasions, under Sec 53, sec 91 and sec
141 and fraud according to section 172(2).
 Supplemental Provisions
• Section-173--Powers to invest officers making ROR
of General Re-assessment with powers of Civil
Courts.
• The BoR may invest any RO making RoR or general
assessment or any such officer in a Colony—with
powers of civil court for the purpose of trying all or
any specified classes of suits or appeals relating to
land arising in the local area. [S-173]
 Supplemental Provisions
• Section 174- Control over such officers and
appeals from and revision of their decrees and
orders;-
• It may also notify that the provisions of this Act with
respect to control over such officers and appeals from
or revision of their decrees and orders shall subject to
any modification specified apply to any such officer
but in the absence of any such notification, such
officer shall for all these purposes also be deemed to
be a civil court [Ss 173,174]
 Supplemental Provisions
• S-175-Prevention of encroachment upon common
lands
• Where land which has been reserved for the common
purposes of the co-sharers therein has been
encroached by any co-sharer, the RO may eject him
and forbid repetition of the encroachment----but his
proceedings shall be subject to any decree or order
that may subsequently, be passed by a competent
Court. S-175
 Supplemental Provisions

• All records and papers, kept by VO under the Act,

shall be deemed to be public documents which any
person may inspect.
• Similar is the position about maps and land record
whereof certified copies can be had. RO or persons
employed in revenue offices are forbidden from
bidding at revenue auctions or trading either in their
names or in the name of others. [Ss 176-178]
• MISCELLANEOUS
 MISCELLANEOUS
Where provided in this Act about the finality of a
decision or order, it is to be construed that no appeal
lies from it but competency of BoR is not affected in
this behalf.[S-179].
Lambardar are not be appointed in an area where
they do not exist at the commencement of this Act.
[S-180]
No suit, prosecution or other legal proceeding shall
lie against RO for the acts done good faith in
pursuance of the provisions of this Act or any other
law for the time being in force.[S-181]
 MISCELLANEOUS

• The BoR with previous approval of Govt has been

authorised to make additional rules not inconsistent
with this Act in addition to other rules framed by it.
Power to make any rules is subject to the condition of
the rules being made after previous publication. [Ss
182, 183]
Duties of Official Liquidators