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Report No. 176

2.1.4 "Judicial authority": Proposed section 2(1)(fa) -

In view of the judgment of the Supreme Court in Fair Air Engineers Pvt. Ltd. Vs. M.K. Modi, AIR 1997 SC 533, holding that 'judicial authority' in sec.34 of the 1940 Act includes a quasi-judicial tribunal like the consumer court, it has become necessary to define the term 'judicial authority' in section 2(1). In fact, in the above case, a reference was made to 1996 Ordinance which preceded 1996 Act.

This aspect has been dealt with under section 8 (see para 2.4.1 to 2.4.4). As stated hereinafter in detail under section 8, , it was requested, at the Bombay seminar, that in section 8, the words "judicial authority" must include quasi-judicial statutory bodies also. The definition of 'judicial authority' proposed to be added in section 2(1) is as follows:-

"(fa) judicial authority' includes any quasi-judicial statutory authority;"

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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