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Courts can t modify an arbitral award, says SC | India News

NEW DELHI: The Supreme Court has said that a judge, while interpreting a law, should try to understand the intent of legislative bodies and quashed the Madras HC verdict which had held that the court’s powers to “set aside” an arbitral award under the arbitration law would also include the power to modify. “Quite obviously if one were to include the power to modify an award in section 34 (Arbitration Act), one would be crossing the Lakshman Rekha. In interpreting a statutory provision, a judge must put himself in the shoes of the Parliament and then ask whether Parliament intended this result. Parliament very clearly intended that no power of modification of an award exists in section 34 of the Arbitration Act,” a bench of Justices R F Nariman and B R Gavai said.

Judges must put selves in shoes of Parliament: SC | India News

NEW DELHI: The Supreme Court has said that a judge, while interpreting a law, should try to understand the intent of legislative bodies and quashed the Madras HC verdict which had held that the court’s powers to “set aside” an arbitral award under the arbitration law would also include the power to modify. “Quite obviously if one were to include the power to modify an award in section 34 (Arbitration Act), one would be crossing the Lakshman Rekha. In interpreting a statutory provision, a judge must put himself in the shoes of the Parliament and then ask whether Parliament intended this result. Parliament very clearly intended that no power of modification of an award exists in section 34 of the Arbitration Act,” a bench of Justices R F Nariman and B R Gavai said. The bench said it is only for the Parliament to amend the provision in the light of the experience of courts in the working of the Arbitration Act, 1996, and bring it in line with other legislations the world ove

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