Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 20 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-04-20 allowed

Kinnari Mullick and Another vs Ghanshyam Das Damani

Bench: 3 — A.M. Khanwilkar

In Brief

Joint owners of a property disputed with a developer over distribution of built-up area following construction completion. After arbitration, the tribunal granted the developer's claim without providing reasons. The owners challenged the award under Section 34 of the Arbitration Act; the lower court set it aside. On appeal, the High Court Division Bench affirmed the setting aside but sua moto remitted the award to the tribunal to record reasons. The Supreme Court held that Section 34(4) does not empower courts to remand matters after setting aside awards, and any remission power is strictly limited to adjournment before the award is set aside, upon a party's written request only, not suo moto.

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Arbitration and Conciliation Act Arbitral Award Section 34 Court Powers Remission Procedural Law

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