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Head Note

Arbitral Award  - Arbitral Award

Arbitration award - Document which purport or operate to create and declare a right, title or interest in an immovable property of the value of more than Rs. 100/- which was not the subject of the dispute or reference to arbitration were compulsorily registrable - If they were not registered, they could not be acted upon under Section 49 of the Registration Act, 1908 nor could a decree be passed in terms of such unregistered awards - Held, unregistered awards which are compulsorily registrable under Section 17(1)(b) could neither be admitted in evidence nor can decrees be passed in terms of the same.

Indian Arbitration Act, 1940  - Section 14 , Section 17 , Section 32 , Section 33 , Indian Contract Act, 1872  - Section 17

Award - Fraud - Bar to a suit - Award allegedly obtained by fraud - Respondent sought title of lands in terms of arbitration award - No dispute between the parties - References to arbitration , awards of arbitrator and proceedings in Court to get decrees in terms of awards, and decrees passed in terms of award with sole object to avoid payment of stamp duty and registration charges - Decree in terms of award were obtained fraudulently - Sections 32 and 33 of the Act is not a bar to said suit - Held, if an award was not genuine, but was collusive and sham, the Court will not and in fact not make it a rule of the Court.

The Code of Civil Procedure, 1908  - Section 100

Second appeal - Fraud - Findings of facts - Courts below failed to consider material evidence and to draw inferences therefrom and had ignored cause of fraud - Such findings of facts can be interfered with.

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