TMI Blog1999 (8) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... etition Held that:- Appeal dismissed. In view of this settled legal position, therefore, there is no escape from the conclusion that orders passed by the learned Chief Justice under section 11(6) of the Act being of an administrative nature cannot be subjected to any challenge directly under article 136. Only on this short ground and without expressing any opinion on the merits of the controver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions are found in para- graph 12 of the Report as under: Under the 1996 Act, appointment of arbitrator/s is made as per the provision of section 11 which does not require the court to pass a judicial order appointing arbitrator/s. The High Court was, therefore, wrong in referring to these provisions of the 1940 Act while interpreting section 4 of the new Act. 3. It is now well-settled th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench of this Court speaking through Gajendragadkar, CJ., has made the following pertinent observations: It is settled by decisions of this Court that the Customs Officer who initially acts under section 167(12A) is not a Court or Tribunal, though it is also settled that in adjudicating upon the question as to whether section 52A has been contravened by any ship and by such contravent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asi-judicial character and should not be purely an administrative or executive order; and the said order should have been passed either by a Court or a Tribunal in the territory of India. 5. In view of this settled legal position, therefore, there is no escape from the conclusion that orders passed by the learned Chief Justice under section 11(6) of the Act being of an administrative nature ..... X X X X Extracts X X X X X X X X Extracts X X X X
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