Thursday 15 June 2017

What is distinction between identity of arbitration award and admissibility of arbitration award?

After going through the relevant judicial pronouncement
referred to above, it is apparent that the sanctity of the award has
been bifurcated in two parts. The first one with regard to identity of
the award and the other over admissibility of the award. With regard
to identity of award, it has been held that even in absence of
registration it cannot be brushed aside because of the fact that by
such award an intention of severance of joint family is found there
but so far admissibility of the award is concerned, that would not be
allowed in absence of registration when the property so involved
happens to be more than Rs.100/- and in likewise manner, whenever
question arose over its enforcement. That means to say, without
registration the award will have no teeth to bite.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.592 of 2011

SRI RANJIT KUMAR SINGH, 
V
DR. DILIP KUMAR SINGH


CORAM:  MR. JUSTICE ADITYA KUMAR TRIVEDI
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