While the appeals were pending the Court of Wards took over the Estate of the respondent also and placed it also in charge of the Deputy Commissioner, Barabanki. The Trial Lawyer Supreme Court India partly decreed the respondent's -suit and dismissed the appellant's suit. These are:- (1) Clause 9(a) of the Import Control Order under which the order of cancellation has been made is itself unconstitutional, being violative of the petitioners' 413 rights under Art.

The appellants contend that the order of reference includes not only all matters in dispute in the suit but also all matter,-, and proceedings connected therewith and their case is that these clauses are wide enough to include the respondent's claim for a share in the immoveable properties in Burma. The philosophy behind the aforesaid provision is acceptance of a harsh reality that confessions are extorted by the police officers by practicing oppression and torture or even inducement and, therefore, they are unworthy of any credence.

Thereupon the cause titles on the suits were amended and in place of the appellant's name the 'Deputy Commissioner, Barabanki I/C Court of Wards Ganeshpur Estate' was substituted. If he is a police officer and confession was made in his presence, in whatever capacity, the same becomes inadmissible advocates in Supreme Court evidence. In other words, did this order of reference include the respondent's claim for a share in the immoveable properties in Burma ? It is on this application that the Supreme Court of India Advocate made the order that " all matters in dispute in this suit and all matters and proceedings connected therewith " be referred for determination to the two named arbitrators, The question which arises for our decision is: What was the scope and extent of the matters thus referred to arbitration ?

12) the parties have briefly indicated the nature of the respondent's claim and have stated that the dispute between the parties was then pending before the High Court in the form of three appeals preferred by them. There is no doubt that the latter clause refers to matters and proceedings connected with the suit; but the appellants' contention can be upheld only if it is shown that the respondent's claim for a share in the properties in Burma was connected with the suit or was a part of the matters connected with it at the material time.

This provision applies even to those confessions which are made to a police officer who may not otherwise be acting as such. In arriving at the above decision the High Court referred to the cases of Mehta Parikh Russel v. Town and Country Bank Ltd. 185; Pondichcry Railway co Ltd. The parties had further agreed to produce their own papers and copies before the arbitrators and that if the arbitrators needed any further papers, accounts or documents which had been filed in court they should be authorised to require the Commissioner to send them to the arbitrators.

In their application (Ex. The respondent, proprietor of Ramnagar Estate, filed a suit against the appellant, proprietor of Ganeshpur Estate, for the recovery of certain properties. This is the substantive rule of law enshrined under this provision and this strict rule has been reiterated countlessly by this Court as well as the High Courts. The ten grounds set out in Cls. The parties desire and agree ", said the application, that all matters in dispute in this suit and all matters and proceedings connected therewith should be referred to the unanimous decision of the two named arbitrators".

They had also agreed that they would abide by the 220 unanimous decision of the arbitrators and that the arbitrators should be empowered to partition the properties of the joint family between the parties and if necessary also by payment of monies to equalise the shares and, to take the. In dealing with this question it is necessary first to ascertain the scope of the request made by the parties when they applied to the trial court for reference of their dispute to arbitration.

Both parties preferred appeals to the High Court. Supreme Court of India Advocate of Wards Act, and placed them in charge of the Deputy Commissioner of Barabanki. During the pendency of the suits the appellant was declared to be a person of unsound mind and the Court of Wards assumed superintendence of her properties under the U. 418 ; Gyesham Life Assurance Society, v. The appellant filed a cross-suit against the respondent. The cause titles of the appeals were then amended and for the name of the respondent, the name 'Deputy Commissioner, Barabanki I/C Court of Wards Ramnagar Estate' was substituted.

Then it is averred that appellants 3 to 5 are minors but it is added that the proposed reference was for their benefit and so another application had been separately made for the court's sanction to the said reference in respect of the said minors. necessary accounts and to decide all matters in dispute between them including costs. 15 of the petition as the basis for the relief resolve on analysis into four only. George or elsewhere), unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882.

The provision absolutely excludes from evidence against the accused a confession made by him to a police officer.