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IBAD & CO. versus PAKISTAN TELEVISION CORPORATION LTD.


Section 2 Interpretation F Documents Arbitration Agreement Contract Arbitration Agreement is essentially a contract and is a contract to be interpreted in the same manner that is considered in a coherent manner in the construction of the contract and each part with the other. Can be co-ordinated so that all parts of the contract have a meaningful meaning [document mediation interpreter]

1981 C L C 106

[Karachi]

Before Fakhruddin G. Ebrahim and Tanzil‑ur‑Rehman, JJ

Messrs IBAD & COMPANY‑Appellant

versus

PAKISTAN TELEVISION CORPORATION LTD. AND 3 OTHERS‑Respondents

High Court Appeal No. 36 of 1977, decided on 29th April, 1980.

(a) Contract Act (IX of 1872)----

--S. 2‑Interpretation f documents‑‑Arbitration agreement‑Contract Arbitration agreement-Essentially a contract .and to be governed by same rules in matter of interpretation as apply to construction of contract‑Contract to be construed in harmonous manner and each part to be construed in harmony with other parts so that a rational meaning be given to all parts of contract.‑[Arbitration‑Interpretation of documents].

Mst. Akbari Begum v. Rehmat Hussain and others A I R 1933 All. 861; Udit Singh and others v. Ram Lakhan Singh and 8 others A I R 1933 All. 313; Lakshmi Narain v. Ram Babu and another A I R 1963 All. 9; Muhammad Akram and others v. Ch. Muhammad Salim P L D 1963 Lah. 490; Ch. Muhammad Saleem v. Muhammad Akram and others P L D 1971 S C 516 and Ali Hussain v. Rafiquddin and 9 others P L D 1977 Lah. 418 ref.

(b) Interpretation of documents‑

‑‑ Earlier clause of deed followed by a later clause and such clause destroying altogether obligation created by earlier clause ‑ Later clause, held, to be rejected as repugnant and earlier clause to prevail.

S. E. Hussaini for Appellant.

Kamal Azfar for Respondents.

Dates of hearing: 14th and 23rd April, 1980.

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