Supreme Court of India

The State of Bihar & Ors. v. Bihar Rajya Bhumi Vikas Bank Samiti

Neutral citation

Reported as [2018] 7 S.C.R. 1147

Bench R. F. Nariman and Indu Malhotra JJ.

Decided 30 July 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the view propounded by the High Courts of Bombay and Calcutta represents the correct state of the l aw.

Judgment, page 22

From the headnote

Arbitration and Conciliation Act, 1996: s. 34(5) – Whether mandatory or directory – Held: Whe n a provision results in general inconvenience or injus tice, without promoting the real aim and object of the enactment, t he provision must be declared to be directory – s. 34(5) is a procedural provi sion, infraction of which leads to no consequence – To const rue such a provision as mandatory would defeat the advancement of justice as it would provide the consequence of scuttling the process of j ustice by burying the element of fairness – Interpretation of Statutes. Judgments/Orders: An earlier

Authorities it was built on

2005 Kailash v. Nanhku and Ors. cited by 38
2002 Dr. J.J. Merchant and Ors. v. Shrinath Chaturvedi cited by 22
2005 Salem Advocate Bar Association, Tamil Nadu v. Union of India cited by 19
1961 Seth Bikhraj Jaipuria v. Union of India cited by 14
1984 Bihari Chowdhary & Anr. v. State of Bihar & Ors. cited by 7
2002 Topline Shoes Ltd. v. Corporation Bank cited by 5

Where later benches applied it

2024 V.S. Palanivel v. P. Sriram, Cs, Liquidator, Etc. relied on
2024 Child in Conflict with Law through His Mother v. The State of Karnataka and Another relied on
2025 Periyammal (dead) through Lrs & Ors. v. V. Rajamani & Anr. Etc. referred to
2021 Bharat Sanchar Nigam Ltd. & Anr. v. M/s Nortel Networks India Pvt. Ltd. referred to
2019 M/s Scg Contracts India Pvt. Ltd. v. K. S. Chamankar Infrastructure Pvt. Ltd. & Ors. referred to

Of those, 2 relied on · 3 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.