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Gujarat High Court Allows Appeal and Remands Land Acquisition Reference for Fresh Adjudication on Merits. The Court set aside the dismissal for default and directed the Reference Court to decide the matter afresh, following a coordinate bench's order in a related appeal.

The present appeal was filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, challenging...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908.

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 19...

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High Court of Bombay Allows Appeal Against Remand Order in Co-operative Society Land Dispute — Lower Appellate Court Directed to Decide Appeal on Merits. Appellate Court Exceeded Jurisdiction by Framing Additional Issues Without Proper Grounds Under Order 41 Rule 23 CPC.

The appellant, Ashok Magaswargiya Sah. Bhadekaru Malki Griha Nirman Sanstha Ltd, a co-operative society, filed a suit (R.C.S.No.52/2000) against respo...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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High Court of Gujarat Allows Appeal and Remands Motor Accident Claim for Fresh Adjudication on Question of Vehicle Involvement. Owner Denied Opportunity to Defend, Claiming Vehicle Number Plate was Fraudulently Used; Tribunal's Award Quashed and Set Aside for Violation of Natural Justice.

The appeals arose from a common judgment and award dated 16.06.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Limbdi, in MAC Petition Nos....

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Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...