2023 (2) TMI 1429

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....or the Petitioner : M/S. Ranjan And Company, AOR, Mr. Nadeem Hussain, Adv., Ms. Kumari Bandana, Adv. For the Respondent : Mr. S. R. Singh, Sr. Adv., Mr. Anurag Singh, Adv., Mr. Anil Kumar Mishra, AOR, Mr. Gaurav Lomes, Adv., Mr. Ajay Yadav, Adv. ORDER Leave granted. 2. In our opinion, the impugned judgment of the High Court remanding the case to the trial court by relying upon Section ....

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....72] Where evidence has already been adduced and a decision can be rendered on appreciation of such evidence, an order of remand should not be passed remitting the matter to the lower court, even if the lower court has omitted to frame issue(s) and/or has failed to determine any question of fact, which, in the opinion of the appellate court, is essential. The first appellate court, if required, can....