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Report No. 76

8.10. Privy Council view and the altered structure of the 1940 Act.-

The Privy Council in a subsequent case1 approved of the view of Iqbal Ahmed J. Iqbal Ahmed J., in arriving at the conclusion that the words "otherwise invalid" should be construed ejusdem generis with the preceding words, highlighted the fact that the words "otherwise invalid" were not contained in a separate clause. The Arbitration Act of 1940 to some extent departed from the scheme of paragraph 15 of the Second Schedule to the Code of Civil Procedure, by putting the words "or is otherwise invalid" along with the words "that an award has been improperly pronounced" in a separate clause. A view can consequently be taken2 that the reasoning which weighed with Iqbal Ahmed J. does not hold good in the face of the provisions of section 30 of the Arbitration Act, 1940, wherein the words in question have been put in a separate clause.

1. Chhaba Lal v. Kalu Mal, AIR 1946 PC 72.

2. Compare Om Prakash v. Union of India, AIR 1963 All 242.

Arbitration Act, 1940 Back

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