Supreme Court · 2018 INSC 648 · Decided 30 July 2018
The State of Bihar & ORS. v. Bihar Rajya Bhumi Vikas Bank Samiti
- Court
- Supreme Court of India
- Citation
- 2018 INSC 648 · [2018] 7 S.C.R. 1147
- Case number
- CIVIL APPEAL No. 7314/2018
- Decided
- 30 July 2018
- Bench
- R.F. NARIMAN, INDU MALHOTRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 34(5)
Headnote
Arbitration and Conciliation Act, 1996: s. 34(5) - Whether mandatory or directory - Held: When a provision results in general inconvenience or injustice, without promoting the real aim and object of the enactment, the provision must be declared to be directory - s. 34(5) is a leads to no consequence - To construe such a provision as mandatory would defeat the advancement of justice as it would provide the consequence of scuttling the process of justice by burying the element of fairness - Interpretation of Statutes. Judgments/Orders: An earlier judgment
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)