September 22, 2018:
Matter was sent back to High Court with a request to decide the appeal afresh on merits in accordance with law.
Supreme Court Bench of Justices Abhay Manohar Sapre and S Abdul Nazeer remanded back an Appeal decided by DB of the High Court, against order of Single Judge, when it found that the Legal and factual issues involved and contended remained undecided.
The dispute was regarding a Bangalore Land admeasuring around 6 acres 3 guntas between the appellant herein, which is a statutory body called Bangalore Development Authority. It related to acquisition proceedings initiated by the Authority by issuance of the Notification in 1976.
However the writ Court (Single Judge), allowed the writ petition and, therefore, the Authority felt aggrieved and filed an intra Court appeal before the Division Bench. By impugned order, the Division Bench dismissed the appeal and affirmed the order of the writ Court.
After hearing both the sides Apex Court ordered that Legal and factual issues involved and contended remained undecided. Wile remanding the matter back Apex Court observed-
''In our considered opinion, the intra court appeal did involve factual and legal issues, which-were decided by the Single Judge, therefore, once they were carried in intra court appeal by an aggrieved party and pressed in service while assailing the order of the Single Judge, it was incumbent upon the Division Bench to deal with all such issues urged and then record its findings one way or the other keeping in view the submissions urged and legal provisions applicable to the issues. It was, however, not done by the Division Bench and in a cursory manner, the Division Bench disposed of the appeal. We find ourselves unable to concur with such disposal and feel inclined to set aside the impugned order and remand the case to the Division Bench of the High Court with a request to decide the appeal afresh on merits in accordance with law.''
SC Appellate Courts Should Decide All Issues Urged & Record Its Findings One Way or the Other, Read Judgeme... by Latest Laws Team on Scribd
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