20 July 2021, Tuesday

2 years ago

2. Power to set aside an award does not include an ability to modify it (Supreme Court of India)

20 July 2021 | Project Director, National Highways Authority of India v. M Hakeem and another | Civil Appeal No. 2797 of 2021| RF Nariman and BR Gavai JJ | SCC OnLine SC 473

Does Section 34 ACA also include a power to modify the award?

Answering no, the 2-judge bench noted that the point “stands concluded” by three prior decisions of the Supreme Court. The court gave several other reasons as well. However, exercising power under Article 142 of the Constitution of India, the court upheld the modification of the awards in question.

We have covered this case in our Update section here.

Access the decision here.


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