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1 - 5 of 5 (0.37 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Narayanan vs Kumaran & Ors on 16 March, 2004
8) Keeping in view the aforesaid caveat, this Court
will have to focus only on such facts, conclusions and
decision, which have bearing on the order of remand and
will not canvass any findings and facts arrived at by the
lower Appeal Court. The decision in Narayanan (supra)
does not mean that this appeal is not maintainable in the
absence of framing of any substantial question of law,
but ruling mean that in case this Court is inclined to
entertain the appeal on merits i.e. on facts, conclusions
as have been recorded by the First Appeal Court, then
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(7) 5-AO 20 of 2017 & anr.
Balasubramania Iyer vs Subbiah Thevar And Anr. on 11 December, 1963
13) In Balasubramania Iyer Vs. Subbiah Thevar and
another [AIR 1965 Madras 417], it is held that power of
remand should not be lightly exercised and where the
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( 10 ) 5-AO 20 of 2017 & anr.
K. Krishna Reddy And Ors vs Special Dy. Collector, Land ... on 8 September, 1988
14) In K.Krishna Reddy Vs. Special Deputy Collector,
Land Acquisition Unit 2, LMD Karimnagar, Andhra Pradesh
[(1988) 4 SCC, 163], the Supreme Court also held that an
order of remand should not be taken to a matter of
course. The power of remand should be sparingly
exercised. There should always be an endeavour to
dispose of the case by Appellate Court itself on merits.
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