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

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