https://www.taxtmi.com/caselaws?id=276799 An order remanding a matter for retrial is not a final order under Article 133(1)(c) of the Constitution if it leaves the parties' rights open for fresh adjudication. The Supreme Court held that finality requires conclusive determination of the civil proceeding, and a direction for retrial on amended pleadings and all issues does not satisfy that test. A certificate of fitness could not be granted merely because the remand was made in exercise of inherent powers. The certificate was therefore wrongly issued and was vacated, and the appeals failed for want of the constitutional condition for appellate jurisdiction. en-us Mon, 06 Feb 1961 00:00:00 +0530 Sat, 17 Nov 2018 15:23:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276799 An order remanding a matter for retrial is not a final order under Article 133(1)(c) of the Constitution if it leaves the parties' rights open for fresh adjudication. The Supreme Court held that finality requires conclusive determination of the civil proceeding, and a direction for retrial on amended pleadings and all issues does not satisfy that test. A certificate of fitness could not be granted merely because the remand was made in exercise of inherent powers. The certificate was therefore wrongly issued and was vacated, and the appeals failed for want of the constitutional condition for appellate jurisdiction. Case-Laws Indian Laws Mon, 06 Feb 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276799