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Report No. 76

5.14. Section 16(1.- and partial remission.-

The re-consideration under section 16 may be of the whole award, or it may be of a particular question only. If the whole award is remitted, the effective award is the second one; but if only some of the matters are remitted, it becomes somewhat difficult to decide how far the first award remains effective. The question was discussed in a Calcutta case.1 The view was taken that unless the court gave a direction under section 16(1) to the effect that the award of the arbitrator should be limited to the matters remitted to him, the arbitrator can, in his second award, confirm or repeat what he had said in the first award.

1. Brahma Sarup v. Diwan Chand, AIR 1963 Cal 583 (586).

Arbitration Act, 1940 Back

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