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H. C. Appeal No. 54 of 1973, decided on 30th March, 1980.
‑‑ S. 115 read with Civil Procedure Code (V of 1908), S. 115‑Waiver, doctrine of Waiver, abandonment, or lapsing of a right legally capable of being waived, abandoned or lapsed‑Held, may either be expressly made by person concerned or may be inferred from his conduct and all other attending circumstances of case.‑[Waiver].
Burmah Shell Oil Co. v. The Trustee in the Port of Chittagong P L D 1961 S C 452 and MustaqIm v. Sher Bahadur P L D 1962 Pesh. 16 ref.
S. 30 read with Civil Procedure Code (V of 1908), S. 115‑Revision‑ Award, setting aside of‑Award, held, cannot be set aside unless Arbitrator shown to have mis-conducted himself or award improperly procured or otherwise invalid and findings of Arbitrator wrongly accepted by lower Court to be correct.‑[Award].
Abdul Rehman Munshi v. Dr. Abdul Malik and others 1968 S C M R 2, .. and Province of West Pakistan v. Messrs Architect Enizineer & Co. P L D. 1968 Dacca 245 ref.
M. M. Mahmoodi for Appellant.
S. Murtaza Hussain for Respondents.
Date of hearing : 18th March, 1980.
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