5 of the Arbitration (Protocol and Convention) Act, 1937, praying that judgment be pronounced in accordance with the award. per ton plus the excess (if any) of the market value over the contract price, the market value being that of jute contracted for on the day following the date of default. Notice was given by the appellant to the respondent and the London jute Association that further steps in the arbitration proceedings should not be taken pending disposal of the application under S.

(6) was to give effect to the view of Slesser, L. 279, the dissenting judgment of Slesser, L. In view of all these admissions and the revenue records, it was necessary for the appellant to prove that the admissions were erroneous, and did not bind him. (Halsbury, 3rd Edn,, Vol. As already submitted this is not correct. per ton, that the extra amount was against the provisions Of ss. The main grievance of the Bank is that these employees not only sat in their places and refus- ed to work but they would not vacate their seats when they were asked to do so by their superior officers.

The arbitrators, however, proceeded with the arbitration and gave their award on October 17, 1949. 33 Of the Arbitration Act, 1940. Disputes having arisen regarding the performance of the contract the respondent referred the matter to the arbitration of the London jute Association, who appointed two of its members as the arbitrators. The Motor Vehicles Act was passed in February, 1939. To the same effect are the records of the revenue authorities, where these grants have been described as Devasthan, except in a few cases, to which reference will be made subsequently.

On a plain and grammatical construction of this definition it would be difficult to exclude a strike where workmen enter the premises of their employment and refuse to take their tools in hand and start their usual work. 73 and 74 of the Indian Contract Act, 1872, and that, therefore, the award was bad on the face of it and could not be enforced in view of the provisions Of s. We shall now examine these admissions in brief and the extent to which they went and the number of times they were repeated.

The appellant contended that the award was invalid on the grounds, inter alia, (i) that the award was bad under s. , states the correct position. lawyers in Supreme Cour of Indiat our opinion, therefore, the pen- down strike in which the employees participated in the present case cannot be said to be outside s. Refusal under common understanding to continue to work is a strike and if in pursuance of such common understanding the employees entered the premises of the Bank and refused to take their pens in their hands that would no doubt be a strike under s.

It has been proved that the appellant and, his predecessors in the title which he claims, had admitted on numerous occasions that the public had a right to worship the deity, and that the properties were held as Devasthan inams. 33 Of the Arbitration Act, 1940, in the Calcutta High Court, praying, inter alia, (a) for a declaration that the arbitration agreement was void on the ground of uncertainty, and (b) for a declaration that there was in fact and in law no contract between the parties on account of mutual mistake of the parties.

The appellant company, incorporated in India, entered into a contract on June 18, 1945, for the supply of five hundred bales of jute, with the respondent company which was incorporated in England and which had its registered office in London. The judgment of Greer, L. The appellant did not reply to the notice given by the arbitrators but filed an application on 570 August 10, 1949, under s. The case of Windsor V. , proceeded on the footing that the assured was only a nominal defendant.

It is legitimate to assume that the persons who drafted the Act were aware of this case. On November 26, 195i, an application was filed by the respondent in the Calcutta High Court under s. Even in English Law the insurer could recover against the assured. Such conduct may introduce an element of insubordination but that is a different matter. The contract, inter alia, provided that in the event of default of tender or delivery, the seller shall pay to the buyer as and for liquidated damages 10s.

Chalcraft was decided in May 1038. I submit that the real purpose of sub-s. An admission is the best evidence that an opposing party can rely upon, and though not conclusive, is decisive 'of the matter, unless successfully withdrawn or proved erroneous. There was a provision for arbitration, under which any claim or dispute whatever arising out of, or in relation to this contract or its construction or fulfilment shall be referred to arbitration in London in accordance with the bye-laws of the London jute Association.

33 of the Arbitration Act, by the respondent and the arbitrators and during the pendency of the said application, and (2) that the liquidated damages provided under the award included not only the difference between the contract price and the market price on the date of default but also a further sum of 10s. , show-, that lie was in considerable doubt as to the correct position in law, but felt himself bound by the earlier judgments reported in jacques v.

35 of the Arbitration Act, 1940, as it was made after the receipt of the notice of filing of the petition dated August 10, 1940, under s. In the present case, the burden of proof need not detain us for another reason.