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Section 30 of 1940 Act: SC explains court's jurisdictional extent
Section 30 of 1940 Act: SC explains court's jurisdictional extent

Business Recorder

time3 hours ago

  • Business
  • Business Recorder

Section 30 of 1940 Act: SC explains court's jurisdictional extent

ISLAMABAD: The arbitration is an autonomous and final forum, and judicial interference is permissible only in narrow and clearly defined circumstances envisaged by Section 30 of the 1940 Act; i.e., jurisdictional error, proven misconduct, or a patent legal mistake visible on the face of the record. A three-judge bench, headed by Chief Justice Yahya Afridi and comprising Justice Muhammad Shafi Siddiqui and Justice Miangul Hassan Aurangzeb, rendered this verdict on Pakistan Railways' petition against Lahore High Court (LHC) judgment dated 04.03.2024. The disputes between the petitioner (Pakistan Railways) and the respondent (CRRC Ziyang Co Limited) arose from a contract executed on 01.11.2017 were referred to arbitration by a two-member arbitral tribunal, which rendered the award on 02.07.2021 and filed it before the civil court. The petitioner on 01.09.2021 filed objections to the said award praying for the award to be set aside and the disputes to be remitted back to the arbitrators. The civil court on 23.11.2022 under amended provisions of the Code of Civil Procedure, 1908, framed the issues requiring the parties to submit the list of witnesses for the production of evidence within a period of seven days. The respondent under Section 30 of the Arbitration Act, 1940, assailed the civil court's order dated 23-11-2022 before the LHC, which on 04-03-2024 set aside the said order and remanded the case to the civil court for a decision afresh on the basis of available record. The petitioner approached the apex court against the LHC verdict. The nine-page judgment authored by Justice Miangul Hassan Aurangzeb, upholding the LHC order, dismissed the petition. It said objections to arbitration awards, ought to avoid framing issues and record evidence unless absolutely necessary. 'The framing of issues and recording of evidence; however, undermines the core objectives of the 1940 Act, which are efficiency, finality, and minimal judicial intervention.' The judgment noted that arbitration offers several time-related advantages compared to traditional court litigation. Arbitration typically takes less time because the process is more streamlined, with fewer procedural steps and less formality than court proceedings. Justice Hassan wrote that the Courts are expected to pronounce judgment and decree in terms of the award, intervening only on narrow grounds such as misconduct or invalidity of the award, without re-opening factual issues through evidence recording. It is now well settled that arbitrators are entitled to regulate their own procedure and are not governed by the strict procedure prescribed by the CPC and the rules regarding evidence contained in the Qanun-e-Shahadat Order, 1984. Arbitrators decide disputes based on evidence presented during arbitration proceedings. They are under no obligation to frame issues as provided in the CPC. The judgment said that courts recording fresh evidence disregard the procedural safeguards in arbitration, such as the Arbitrator's exclusive jurisdiction to assess evidence and apply law. This may lead to inconsistent outcomes and procedural unfairness. If the court frames issues and records evidence after objections to an award are filed, parties may use this as an opportunity to re-litigate the entire dispute, leading to multiple proceedings on the same issues besides undermining both the legislative intent and the integrity of the arbitral process. The framing of issues, recording of evidence and hearing arguments post the filing of the award in the court is bound to increase litigation costs for parties and add to the already heavy workload of courts. This again defeats the purpose of arbitration as an economical and efficient alternative dispute resolution mechanism. The recording of evidence and conducting a trial effectively converts the court into an appellate or fact-finding forum, which would be contrary to the statutory scheme envisaged by the 1940 Act. Copyright Business Recorder, 2025

Railways to run five special trains for Eidul Azha
Railways to run five special trains for Eidul Azha

Express Tribune

time26-05-2025

  • Express Tribune

Railways to run five special trains for Eidul Azha

Listen to article On the instructions of Prime Minister Shehbaz Sharif, Pakistan Railways has decided to run five special trains on the occasion of Eidul Azha. Federal Minister for Railways Hanif Abbasi has approved the schedule for these special trains, which will run across major cities. According to PR spokesperson, the first Eid special train will depart from Karachi for Lahore on June 2 at 1:00pm. The second train will operate from Quetta to Peshawar on June 3 at 10:00am. On the same day, a third special train will depart from Lahore for Karachi at 5:00pm. Later that evening, a fourth train will set off from Karachi for Rawalpindi at 8:00pm, while the fifth and final Eid special train would depart from Karachi Cantt on June 4 at 5:30pm. "The purpose of these special trains is to ensure that passengers can enjoy a safe, comfortable, and quality journey during Eid," the spokesperson said. 'Pakistan Railways' top priority is to help people reunite with their loved ones during the festive season,' the official added. Eidul Azha likely on June 7 Eidul Azha is expected to be observed in Pakistan on June 7, as astronomical calculations indicate no chance of sighting the Zilhajj moon on May 27. The new moon of Zil Hajj 1446 AH will be born on May 27, 2025, at 08:02 PST, according to astronomical data. At the time of sunset on May 27, 2025 (29th Ziqad 1446 AH), the age of the new moon will be approximately 11 hours and 34 minutes. Read more: Eidul Azha likely to be celebrated on June 7 According to the SUPARCO, along the coastal areas of the country, the time duration between sunset and moonset will be around 37 minutes. The sighting of the new moon will not be possible even with the help of a telescope, under perfect weather conditions. As a result, the 1st of Zil Hajj is expected to fall on May 29 and consequently, Eidul Azha is likely to be celebrated on June 7.

Punjab's bullet train dreams derailed by ground realities
Punjab's bullet train dreams derailed by ground realities

Express Tribune

time22-05-2025

  • Business
  • Express Tribune

Punjab's bullet train dreams derailed by ground realities

The Punjab government's plan to operate Pakistan's first bullet train between Lahore and Rawalpindi appears far from reality, as senior railway officials term the idea a "dream" given the country's outdated rail infrastructure and immense financial requirements. According to details, while Punjab's leadership is eager to introduce a fast rail system, a complete overhaul of tracks, stations, signals, coaches, engines and supporting systems would be required even for a high-speed train, let alone a bullet train. Officials said the current railway infrastructure is not capable of supporting speeds over 100 km/h. "It's a dream," a senior railway official, speaking on the condition of anonymity, said. They pointed out that the cost per kilometre for a bullet train project was exorbitant, as it would require $40 million per km if executed by an American company, and $17–20 million per km for Chinese companies. Railway officials have nonetheless drafted various proposals for a high-speed alternative. Federal Minister for Railways Hanif Abbasi, in a conversation with The Express Tribune, confirmed the ambition. "We already have coaches that could support high-speed travel, but the tracks are not compatible," he said. "However, we are determined to execute this project. After consultations with Chief Minister Punjab Maryam Nawaz, our target is to reduce travel time between Lahore and Rawalpindi to 2.5 hours. Punjab will fund the project." The 280-kilometre route, however, presents multiple challenges as several insiders are not optimistic. Experts say even marginal speed improvements would require massive investment, potentially ranging between Rs200 billion and Rs300 billion, and years of development. Currently, the fastest service, Pakistan Railways' Green Line, takes 4 to 4.5 hours to complete the journey. Other trains take 5 to 5.5 hours. Officials point out that the Lahore-Rawalpindi track was curvy and uneven, with steep inclines and declines that make high-speed travel unsafe. There are also three bridges on the route that would need complete reconstruction to support the required velocity. "We don't even have engines or coaches fit for a bullet train. Forget bullet trains, even improving average speeds will need hundreds of billions and a proper plan, a senior railway official explained further. He said that bullet trains required new systems entirely, as seen in Japan, China and select European countries where speeds range between 200 to 500 km/h, and even more today. He added that while nothing is "impossible," the country must be realistic. Even in the United States, no full-fledged bullet train network exists. Instead, a high-speed system could be a viable and relatively affordable alternative. He also noted that work on Main Line-1 (ML-1) – a vital infrastructure project –has been stalled since 2015. "If ML-1 is completed, we won't even need a bullet train. That's the key. Everything would need to be built from scratch for a bullet system. Given the cost, we should seriously engage China to complete ML-1. It's the best option right now," he added. The projected ticket price for a bullet train also raises affordability concerns. The fare could exceed Rs15,000 to Rs20,000 per passenger, making it inaccessible for most travellers. He compared it with Saudi Arabia's Haramain High Speed Railway, which costs 130 to 220 Saudi Riyals (roughly Rs10,000 to Rs18,000), a rate made viable through heavy government subsidies. In Europe, bullet train fares are often twice as expensive as regular trains.

Karachi to Thar safari train launched
Karachi to Thar safari train launched

Express Tribune

time10-02-2025

  • Business
  • Express Tribune

Karachi to Thar safari train launched

LAHORE: In a joint effort with Pakistan Railways, the Sindh government has launched the Karachi to Thar Desert Safari tourist train, according to a press statement released on Monday. The cooperation of provincial governments is essential for the restoration of more tourist trains, as the required funds for tourism are allocated to the provinces. Pakistan Railways Chief Executive Officer (CEO) Aamir Ali Baloch, while addressing public queries during an e-Kachehri, emphasised that Pakistan Railways is a federal institution committed to providing the best travel facilities. Baloch explained that Pakistan Railways' top priority are its passengers, however, public cooperation in maintaining cleanliness is also indispensable. He urged passengers to dispose of food waste and other trash only in designated bins to ensure the cleanliness of trains and stations. He explained that launching new trains requires substantial resources. "As soon as the necessary resources become available, the process of introducing new trains will commence. Significant work remains on the ML-2 railway line, and suspended train services will also be gradually restored as resources allow," he said. Responding to a question regarding the restoration of the Landi Kotal railway track, the Pakistan Railways' CEO stated that the rehabilitation of the railway track from Peshawar to Landi Kotal would cost over Rs10 billion. The project will proceed as soon as the required funds are available. To enhance passenger convenience, Baloch directed improvements to the railway's mobile application to make it more user-friendly, ensuring that passengers do not face any difficulties.

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