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ALI MUHAMMAD versus BASHIR AHMAD


Section 23 Partnerships Act (Section IX of 1932), Section 44 Arbitration Act (X of 1940), Section 17 Partnership between the pending litigants in civil and criminal courts together with partners referred to arbitration by agreement. Civil and criminal disputes are presented in court. And in the civil suit against the misappropriation of partnership funds and embezzlement proceedings, the court ruled on the legality of the case, while the allegations in the criminal complaint also relate to the preparation of a record of fraudulent partnerships with an entity. The partners cheated that the two disputes were different and did not consider each other, there was no room for them to stand up and whenever there was no complex crime, it became a matter of public interest. According to the law he is punished. Any private agreement, including arbitration agreements, cannot be allowed to frustrate the process of litigation by preventing litigation. Such agreements opposed public policy and were subject to the provisions of section 23 of the litigation agreement by the parties. Is not implemented in violation of. In the court premises that such agreement was opposed to public policy, the award for civil and criminal disputes was illegal and such award from the Public Policy Trial Court's decision was declared illegal by the court. Was refused. Through an appellate court, setting it aside did not face any kind of illegal interference.

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