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Report No. 76

5.11. Question of amendment considered change in the law.-

It is an important question for consideration whether the law on the subject should be altered by removing or modifying the restrictions as to remission. There may be cases where the situation does not fall under section 16, and yet remission of the award would be desirable.1 Again, where legislation has been enacted subsequent to the making of the award and changed the law, the award may require re-consideration on that score.

Such a situation arose in one case before the Patna High Court.2 After an award was made with regard to the partition of certain properties, a notification was issued under section 3 of the Bihar Land Reforms Act, vesting the "milkiat interest" in the State of Bihar. The Court held, that the award was not a nullity because of such vesting, and that the proper course would be to refer the matter back to the arbitration under section 16 for making a fresh partition of the properties which are left to the members after the vesting of the said interest.

1. See cases cited in Russell on Arbitration, (1970), p. 392.

2. Shalingram Singh v. Sheo Sati Prasad, AIR 1963 Pat 168 (Ramaswami, C.J. and Untwalia, J.).

Arbitration Act, 1940 Back

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