Sangeeta Natwarlal Karwa vs. State of Maharashtra - Main points: The Bombay High Court held that once a competent authority passes an award, it loses the authority to modify or review it, referencing an earlier judgment in Bhupendrasingh’s case. The court emphasized the finality of awards once issued by the competent authority, and questioned whether the authority could revisit or alter the award post-passage HUKAM CHAND vs UNION OF INDIA AND OTHERS - Himachal Pradesh.
Court decisions and legal insights: In a recent Division Bench decision (28.02.2023) in WP(C) No. 5327/2022, the Bombay High Court reaffirmed that the CALA (Compensation and Legal Aid Authority) constituted under relevant statutes cannot review or modify awards once they are passed, aligning with principles from previous rulings and case law, including decisions from Uttaranchal T. Lalramchhuani VS Govt. of India, R/b Secretary, Ministry of Road Transport and Highways - Gauhati.
Analysis and Conclusion: The consistent legal position across these judgments underscores that awards passed by competent authorities are final and cannot be subject to review or modification, ensuring the finality and legal certainty of such awards in Maharashtra. The courts have reinforced that post-award interventions are generally impermissible, maintaining the integrity of administrative and judicial decision-making processes.
Sangeeta Natwarlal Karwa and Another Vs. ... State of Maharashtra and Others, wherein having taken note of its earlier judgment passed in Bhupendrasingh’s case (supra), High Court of Bombay held that once the award has been passed by the competent authority, the competent authority loses any authority to tinker with it in any manner whatsoever. ... There is another aspect of the matter that whether it is open for respondent No.3 to review the Award passed by it, in th....
Malhotra, learned counsel relies upon the decision of the Bombay High Court (Division Bench) on 28.02.2023 in WP(C) No. 5327/2022 (Sau Sangeeta Natwarlal Karwa -Vs- State of Maharashtra & 3 Ors.). The learned counsel also relies upon the case of State of Uttaranchal & Anr. ... A Division Bench of the Bombay High Court in Sau Sangeeta Natwarlal Karwa (supra) while dealing with a case of similar nature held that the CALA constituted u....
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