What do you think about the judgement in the case between Ram Swaroop Chandel and Railway Authorities/Union of India?
Answers
Answer:
Union Of India vs A.L. Rallia Ram on 19 April, 1963
Equivalent citations: 1963 AIR 1685, 1964 SCR (3) 164
Author: S C.
Bench: Shah, J.C.
PETITIONER:
UNION OF INDIA
Vs.
RESPONDENT:
A.L. RALLIA RAM
DATE OF JUDGMENT:
19/04/1963
BENCH:
SHAH, J.C.
BENCH:
SHAH, J.C.
SINHA, BHUVNESHWAR P.(CJ)
AYYANGAR, N. RAJAGOPALA
CITATION:
1963 AIR 1685 1964 SCR (3) 164
CITATOR INFO :
R 1964 SC1714 (10)
R 1966 SC 275 (6)
R 1966 SC 395 (16)
R 1967 SC 188 (4)
R 1967 SC 203 (9)
R 1970 SC 729 (11)
F 1971 SC 141 (8)
R 1972 SC1507 (28,34)
RF 1976 SC1533 (7)
D 1979 SC 852 (3,5)
RF 1980 SC 680 (19)
E 1980 SC1109 (4)
R 1984 SC1072 (22)
F 1987 SC2045 (7)
R 1988 SC2149 (13)
RF 1989 SC 606 (6)
D 1992 SC 732 (30,40,41)
ACT:
Arbitration--Tender for purchase of goods--Acceptance
of--Clause for reference to arbitration--If binding on
Government--Reference of specific question of
law--Arbitrator framing issues--Parties agreeing to issues
being decided--If amounts to reference of specific question
of law--Setting aside of award-Error on the face of the
award--Government of India Act, 1935, (Geo. 5 Oh.2.), s. 175
(3).
HEADNOTE:
In 1946, the Chief Director of Purchases (Disposals),
Food Department, Government of India, invited tenders for
purchasing war surplus American Cigarettes. The respondent
submitted a tender offering to purchase the entire stock-
This tender was accepted by a letter with which was enclosed
a Form containing the general conditions of contract
including a clause for arbitration. The respondent took
delivery of 29,93, 597 packets and p. aid Rs. 17,78,573/6/4
for them. On inspection some of the cigarettes were found
to be mildewed and unfit for use. Ultimately, the Government
decided to cancel the contract with respect to the
undelivered cigarettes and offered to take back from the
respondent cigarettes which "were in their original packing
and could be identified, subject to the condition that no
claim will be made by the respondent in respect of freight,
storage, rents, charges or any other expenses incurred by
him in respect of the cigarettes taken back." The
respondent accepted this offer reserving his right to
claim incidental expenses. He returned 24,13,500 packets
and Government refunded Rs. 14,54,21517/, to him.
Thereafter, each party, in accordance with the arbitration
clause, appointed an arbitrator
165