Search Results Page

Search Results

1 - 8 of 8 (0.50 seconds)
Shrimati Sovona Mahapatra vs Jagadish Chandra Mahapatra & Ors on 12 May, 2016 cites

K. Krishna Reddy And Ors vs Special Dy. Collector, Land ... on 8 September, 1988

″An Appellate Court or authority may in a given case decline to undertake any such exercise and remit the matter back to the lower court or authority for a fresh and reasoned order. That, however, is not an inflexible rule, for an appellate court may notwithstanding the absence of reasons in support of the order under appeal before it examine the matter on merits and finally decide the same at the appellate stage. Whether or not the appellate court should remit the matter is discretionary with the appellate court and would largely depend upon the nature of the dispute, the nature and the extent of evidence that may have to be appreciated, the complexity of the issues that arise for determination and whether remand is going to result in avoidable prolongation of the litigation between the parties. Remands are usually avoided if the appellate court is of the view that it will prolong the litigation". It has also been held in case of K. Krishna Reddy and others Vs. Special Deputy Collector, Land Acquisition Unit II, LMD Karimnagar, Andhra Pradesh reported in (1988) 4 Supreme Court Cases 163 that the appellate power of remand, at any rate ought not to be exercised lightly. It shall not be resorted to unless the award is wholly unintelligible or there is total lack of evidence.
Supreme Court of India Cites 3 - Cited by 113 - K J Shetty - Full Document
1