SC: Arrest & Remand Illegal if Grounds Not Given in Language Arrestee Understands  ||  SC: Judgment for Deceased Party is Null if Legal Heir was not Brought on Record Before Hearing  ||  SC: Hiding a Candidate’s Conviction Voids Election, Regardless of Whether it Influenced Results  ||  Delhi HC: Not Here to Monitor Delhi University, but Students Must Follow Law During Elections  ||  J&K&L HC: Paying Tax or GST Registration Doesn’t Legalize Unlicensed Business Activities  ||  Delhi HC: Victim’s Past or Character Cannot be Used to Suggest Consent in Assault Cases  ||  P&H HC: Constitution isn’t Privilege Charter; Reservation in Promotions Requires Statutory Amendment  ||  Kerala HC: Law Must be Amended to Hold Landowners Liable for Illegal Paddy Land Reclamation  ||  Bombay HC: Parents Saying Daughter was Unhappy, Wept Often not Enough to Convict under 498A IPC  ||  Kerala HC: Physiotherapists and Occupational Therapists Cannot Use “Dr.” Without Medical Degree    

Gulab Chand Jain and Ors. v. State of Chhattisgarh and Ors. - (High Court of Chhattisgarh) (08 Jul 2016)

Arbitration tribunal empowered to recall order ‘in the interest of justice’

MANU/CG/0103/2016

Arbitration

An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the tribunal should have reviewed its earlier order instead of suggesting challenge before court.

Previously, the arbitration tribunal had dismissed reference petitions for want of jurisdiction and had held that an order passed by the tribunal would not become bad in law if soon after the law was changed.

The court reiterated the difference between “review” and “recall”, with the former permitting alteration or review of the judgment. Under Section 17A of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 the tribunal was barred only from reviewing the award. The court concluded, “arbitration tribunal is unjustified in rejecting the application for recall of its earlier order…ought to have been allowed in the ends of justice and in the interest of justice.”

Relevant : Vishnu Agarwal v. State of U.P. & Anr. MANU/SC/0147/2011 M/s. Saluja Constructions v. State of M.P. and another MANU/MP/0279/2002

Tags : CHHATTISGARH   ARBITRATION   ORDER   RECALL   INTEREST OF JUSTICE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved