Search Results for "remand order finality"

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Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...

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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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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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Bombay High Court Dismisses Quashing Petition in SFIO Case — Remand Orders Valid Despite Cognizance Issue. Court holds that remand orders under Section 167 Cr.P.C. are independent of cognizance and not subject to challenge under Section 482 Cr.P.C. after filing of complaint.

The applicant, Hari Sankaran, was arrested by the Serious Fraud Investigation Office (SFIO) on 1 April 2019 for an offence punishable under Section 44...

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Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Adverse Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, ...