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Report No. 76

8.37. Expression "Judicial authority".-

The expression "judicial authority" was substituted (in section 19 of the Indian Arbitration Act of 1899) by Act 21 of 1933, because, before that amendment, there was a conflict of decisions as to whether the expression "court" which was used in that section included a Court of Small Causes. Since the expression now used is a "judicial authority", a Court of Small Causes can stay the suit under this section, if the suit is pending in that Court.1

1. Basant Cotton Mills v. Dhingra Bros., ILR (1950) 1 Cal 546: AIR Cal (1949) 684.

Arbitration Act, 1940 Back

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