Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Tribunal's order was vitiated for not considering all contentions and issues raised, warranting remand for fresh consideration.
Analysis: The findings recorded by the Tribunal did not address all the contentions and issues raised by the appellant. As the final fact-finding authority, the Tribunal was required to consider and analyse the entire factual matrix. In the absence of such consideration, the appellate court found it difficult to answer the questions raised on the basis of the impugned order and held that the matter required reconsideration.
Conclusion: The appeal was allowed, the Tribunal's order was set aside, and the matter was remitted to the Tribunal for fresh consideration with opportunity to both parties.
Ratio Decidendi: A final fact-finding order that does not deal with all material contentions and issues cannot sustain appellate scrutiny and may be set aside for fresh consideration.