M.F.SALDANHA, M.S.RAJENDRA PRASAD
Severine Pinto – Appellant
Versus
H. J. Mascarenhas – Respondent
M.F. Saldanha, J.--Like the proverbial question from Hamlet, this High Court has been agitating the issue particularly in Land Reforms cases "to remand or not to remand" and this has been the subject matter of numerous decisions over the years. Having regard to the poor caliber of the Land Tribunals, the utter disregard for the procedure prescribed by law and the integrity levels which often raise a question mark, the High Court was inundated with a magnitude of thoroughly unsatisfactory orders and for a long time there was no option except to set them aside and remand the cases, often times with specific directions with regard to what was required to be done. The High Court at that time obviously overlooked the fact that the Tribunals were so brazen that they either disregarded the High Court orders or what was even better is that they passed fresh orders with a new set up of blunders and that explains the multiple remand phenomenon that is continued for close to three decades and during which in this field of law alone over 2,18,600 cases have been remanded. We need to put the brakes on this state of affairs as being felt necessary not only by this Court, but also the Ape
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