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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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Supreme Court Quashes Conviction in Prevention of Corruption Act Case Due to Procedural Irregularities. Appellate Court's Decision Without Trial Court Records Violates Section 385 CrPC and Article 21 of Constitution, Requiring Fresh Consideration.

The Supreme Court considered an appeal arising from a corruption conviction under the Prevention of Corruption Act, 1988. The appellant had been convi...

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Bombay High Court Sets Aside Remand Order in Property Dispute — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23 CPC. Remand for Fresh Trial Not Justified as Conditions for Remand Under CPC Not Satisfied.

The appellant, Vishnu Dashrath Chavan, claimed ownership of a flat in Gitanjali Co-operative Housing Society and filed a suit for recovery of possessi...

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Bombay High Court Quashes Conviction Under Section 174A IPC for Non-Appearance After Proclamation — Offence Not Applicable to Proceedings Prior to 2006 Amendment. Section 174A IPC is prospective and cannot apply to proclamations issued under Section 82 CrPC before its commencement on 23.6.2006.

The petitioner, Ishrat Hussain, was prosecuted in RCC No. 649/2008 for an offence under Section 174A of the Indian Penal Code (IPC). The allegation wa...

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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...