Search Results for "remanded adjudication"

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Decree Restored. Appellate Court Exceeded Remand Powers Under Order 41 Rule 23-A CPC by Reversing Findings Without Proper Justification.

The case arises from a suit for specific performance of an agreement of sale filed by the original plaintiff, Mohd. Sardar, against the defendant, Raf...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice.

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne ...

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Bombay High Court Allows Petition Challenging Appellate Restraint Order in Property Dispute — Status Quo Order Revived After Remand. The Appellate Court's direction to maintain status quo was held to be without jurisdiction as the earlier High Court order already covered the same.

The petitioner, Morries Housing Private Limited, challenged an order dated 26/09/2011 passed by the lower Appellate Court in an appeal arising from a ...

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Bombay High Court Quashes Unreasoned GST Adjudication Order for Violation of Natural Justice — Remands for Fresh Speaking Order. Adjudication order under Section 73 of CGST Act, 2017 set aside for lack of reasons, failure to consider taxpayer's detailed response, and denial of personal hearing.

The petitioner, Bhansali Industries, challenged an adjudication order dated 03 July 2023 passed by the Deputy Commissioner of State Tax, Pune, under S...

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Bombay High Court Allows Second Appeal in Encroachment Dispute, Remands for Proper Measurement by Cadastral Surveyor. Lower Appellate Court's Remand Order Upheld as Defects in Map Preparation Required Rectification for Fair Adjudication.

The case involves a second appeal arising from a dispute over alleged encroachment on Survey No. 6/1 belonging to the plaintiff. The trial court had d...

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High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC.

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by t...

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Supreme Court Remands Original Side Suit to High Court for Fresh Adjudication Due to Lack of Reasoned Judgment. Lack of Reasons by Trial and Appellate Courts Violated Principles of Judicial Procedure Under Order XLIX Rule 3(5) of the Civil Procedure Code, 1908, and Necessitated Setting Aside of Decrees.

The dispute arose after the death of the appellant's husband, an attorney-at-law. The first respondent filed a suit on the original side of the Calcut...