https://www.taxtmi.com/caselaws?id=468038 An appellate court's wide powers under Order XLI Rule 33 and Section 107 CPC may be used to pass the order that ought to have been made, even without cross-objections, but that discretion must be exercised sparingly and not to sustain an unwarranted remand. Where concurrent findings showed that unauthorised absence had been regularised as leave without pay and the disciplinary process was vitiated by denial of proper hearing and coercion, a fresh punishment inquiry was unjustified. Article 142 could not be invoked to override substantive legal rights. The remand order was therefore unsustainable, and the decree restoring the respondent's position was upheld. en-us Tue, 08 Sep 1998 00:00:00 +0530 Tue, 14 Apr 2026 15:36:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468038 An appellate court's wide powers under Order XLI Rule 33 and Section 107 CPC may be used to pass the order that ought to have been made, even without cross-objections, but that discretion must be exercised sparingly and not to sustain an unwarranted remand. Where concurrent findings showed that unauthorised absence had been regularised as leave without pay and the disciplinary process was vitiated by denial of proper hearing and coercion, a fresh punishment inquiry was unjustified. Article 142 could not be invoked to override substantive legal rights. The remand order was therefore unsustainable, and the decree restoring the respondent's position was upheld. Case-Laws Indian Laws Tue, 08 Sep 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468038