AI Overview...
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Remand Due to Lack of Contest - The courts have refused remand or ordered proceedings to be re-initiated when parties did not contest the matter or failed to provide evidence, emphasizing that without contest or evidence, remand is unwarranted Rohit Kumar Ekka VS Ambika Kishan - Orissa.
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Arbitrator Refusal and Arbitration Proceedings - In cases where an arbitrator refuses to act, courts have held that arbitration proceedings cannot proceed without the arbitrator's participation, and disputes arising from such refusals often lead to the matter being remanded or dismissed Vurimi Veerabhadraiah VS Vurimi Seshamma alias Seshamamba - Andhra Pradesh.
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Service of Notice and Burden of Proof - Effective service of summons is critical; when parties do not provide evidence of service or refuse to accept summons, courts may find service invalid and refuse to proceed, leading to the matter being remanded or dismissed Pritam Singh VS Raj Kumar - Punjab and Haryana.
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Civil Proceedings and Evidence - Courts have refused remand when the party's failure to produce additional evidence or contest claims was unsubstantiated, and remand was sought merely to fill gaps or strengthen weak cases SATISH KUMAR GUPTA ETC. ETC. VS STATE OF HARYANA - Supreme Court.
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Contractual and Landlord-Tenant Disputes - When parties do not contest contractual obligations or disputes, courts tend to dismiss or refuse remand, especially if the dispute involves private contracts and no contest or evidence is presented BHAVANI CHEMICALS THRO PARTNERRAJESH KANUBHAI DESAI vs UNION OF INDIA THRO SECRETARY & 1 - Gujarat, Sree Sankarachari Swamiar VS Varada Pillai - Madras.
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General Principle - Courts generally refuse remand or further proceedings when parties do not contest the matter or fail to provide evidence, emphasizing the importance of active participation and contestation in judicial processes Sheela Barse VS Union of India - Crimes.
Analysis and Conclusion:
Remand is typically refused when parties do not contest the matter or fail to produce evidence, as courts prioritize active participation and substantive contestation. Instances such as arbitrator refusals, lack of service proof, or unchallenged contractual disputes often lead to dismissal or refusal to remand, underscoring the principle that procedural fairness and contestation are essential for judicial proceedings to proceed effectively.
Search Results for "Remand Refused because Parties did Not Contest Matter"
1996 0 Supreme(AP) 99 • India - Andhra Pradesh
C.V.N.SASTRY, S.PARVATHA RAO
an arbitrator or arbitrators, and that the implication is that in the arbitration agreement the arbitrator or arbitrators must not ... The Court found that that sole arbitrator refused to act. ... ... ( 12 ) IN Kanhyalal s case (supra) it was contended that where the parties have agreed to settle the matters by arbitrators in the trial Court and one of the arbitrators refused to act as an arbitrator, the trial Court should not have superseded ... In that case also the disputes that ar....
• India - Crimes
M.N.VENKATACHALIAH, RANGANATH MISRA
There are in numerable jails, sub-jails, remand-homes, custodial-institutions etc. ... The opposite parties would not have had the benefit of the information contained in the communication. ... Applicant, however, has, and is entitled to, her own view sin the matter. We regret our inability to accept them. ... This wide range of the responsibilities necessarily implies correspondingly higher measure of control over the parties, the subject-matter and the procedure. ... It is the practi....
2000 8 Supreme 350 • India - Supreme Court
D.P.MOHAPATRA, SHIVARAJ V.PATIL
At the stage of granting leave to defend parties rely on affidavits in support of the rival contentions. ... of the premises from a tenant under clause (e) of the proviso to sub-section (1) of Section 14, when as a matter of fact the requirement ... Section 25B(6) states that where leave is granted to a tenant to contest the eviction application, the Controller shall commence ... Rent Controller as well as of the High Court and grant leave to defend to the appellant-tenant and remand the matter to the ....
1986 0 Supreme(Cal) 460 • India - Calcutta
Umesh C.Banerjee
The contractors challenged the demand, arguing that their employees did not come within the ambit of the Act. ... The Calcutta Electric Supply Corporation also filed a writ petition challenging the Authority's power to raise any demand for its ... In the view I have taken, the writ petition filed by the Calcutta Electric Supply Corporation being Matter No. 1650 of 1985 also falls and is dismissed There shall, however, be no order as to costs. ... Prayer for stay by Mr. Deb is refused. ... Dutt and submi....
2021 0 Supreme(Ori) 277 • India - Orissa
D.DASH
considered as a valid reason to give her an opportunity to contest the case. ... Finding of the Court: The court found that the lower appellate court's decision to remand the matter was justified, ... Final Decision: The appeal was dismissed, and the lower appellate court's decision to remand the matter to the trial court ... to decide the matter afresh in accordance with law by further providing the parties to lea evidence and argue their case. ... He further subm....
2001 0 Supreme(Cal) 357 • India - Calcutta
ASOK KUMAR GANGULY
The arrest of a ship is for the purpose of detaining it unless the matter is finally settled by a competent Court. ... The arrest of a ship is for the purpose of detaining it unless the matter is finally settled by a competent Court. ... Lima-I suffered excessive moisture content during the shipment, rendering it useless. ... Before me that point has not been urged by the learned Counsel for the defendant. So I need not consider that aspect of the matter. ... Sd/- Subhro Kamal Mukherje....
2013 0 Supreme(P&H) 720 • India - Punjab and Haryana
K.KANNAN
served at all and that he never refused, if both the parties did not give any evidence, it would have only resulted in a finding ... there was no service--Burden, in this case, must therefore be on the person, who affirmed that there was a valid service which was refused ... serve summons and that defendant did not refuse to receive the same--Evidence Act, 1872, S.102. ... A person, who was relying therefore that there was a valid service of notice, and yet another person contending th....
• India - Gujarat High Court
BHASKAR BHATTACHARYA, CJ, J.B. PARDIWALA, J
(A) Article 14, Constitution of India - Disputes arising out of contractual obligations between parties, Maintainability of writ ... (Paras 3.1, 8, 15) ... ... Findings of Court: ... The Court found that the matter fell within the realm of contractual ... law element - The Court emphasized that the Government must act fairly even in contractual relationships, and any retrospective demand ... dispute between the parties arose out of a private contract between the parties. ... In the case before us, t....
1903 0 Supreme(Mad) 78 • India - Madras
SUBRAHMANIA AYYAR, BODDAM
Recovery Act - Landlord-Tenant Dispute - Section 4, Section 9, Section 82 - The court discussed the application of estoppel in the context ... The judgment emphasized the enforceability of these clauses in the context of a valid contract between the landlord and tenant. ... It also analyzed specific clauses in the patta and emphasized the enforceability of these clauses in the context of a valid contract ... In such a case is not the representation in respect of what by itself is no other than a fact, viz., the propriety....
2017 2 Supreme 516 • India - Supreme Court
ADARSH KUMAR GOEL, UDAY UMESH LALIT
provide any locus to an allottee to contest claim for enhancement of compensation – Impugned judgment set aside and matter remitted ... nbsp;(B) Civil Procedure Code, 1908 – Order 41 Rule 27 – Production of additional evidence – Parameters – Trial Court has refused ... judgment – Additional evidence cannot be permitted to fill-in lacunae or to patch-up weak points in case – There was no ground for remand ... For the above reasons, we allow these appeals and set aside the impugned order and remand the #H....
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