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CH. FAZAL MUHAMMAD versus FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE


Section 17 Law Reform Ordinance (XII of 1972), Section 3 Intra Court Appeal Arbitration Award, setting aside arbitrator appointed without the consent and consent of both parties; Approved, under which the award is given. The endorsement by the sole arbitrator against the respondents was neither authorized nor authorized to appoint any arbitrator, nor does the two parties refer to arbitration in the matter of consent of the office in question. The Memorandum cannot grant jurisdiction to the sole arbitrator and as such has been approved by the Award. The award itself was invalid from making a false reference. Such an award could not be justified simply because of the knowledge or submission of the arbitration proceedings. The sole arbitrator had no jurisdiction in making false references, therefore, the award. The resulting action had no legal effect. And so the award itself was officially granted without any jurisdiction. The Vision Bench of the High Court refused to interfere with the Single Judge's order passed by the High Court, whereby the award was granted by the sole arbitrator. And the decision was upheld by the High Court single judge's intra-court.

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