Case Law Details
Nadakerappa Vs Pillamma (Supreme Court of India)
The Division Bench, without assigning any cogent reasons, has set aside the order of the learned Single Judge and has remanded the matter to the Land Tribunal. It is settled law that the order of remand cannot be passed as a matter of course. An order of remand cannot also be passed for the mere purpose of remanding a proceeding to the lower court or the Tribunal. An endeavour has to be made by the Appellate Court to dispose of the case on merits. Where both the sides have led oral and documentary evidence, the Appellate Court has to decide the appeal on merits instead of remanding the case to the lower court or the Tribunal. We are of the view that, in the instant case, the Division Bench has remanded the matter without any justification.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
(1) These appeals are directed against the judgment dated 30.12.2014 passed by the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ Appeal No.1950 of 2007.
(2) The brief facts necessary for the disposal of these appeals are as follows:
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