DHEERAJ SINGH versus GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS

DHEERAJ SINGH versus GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS

The High Court failed to consider the cross objections filed by the appellants under Order 41 Rule 22 CPC; because cross objections must be treated with the same scrutiny as a regular appeal and the appellate court must record findings on all issues, the matter is remanded to the High Court for fresh adjudication on the cross objections.

Parties
Appellant: DHEERAJ SINGH; Respondent: GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS.
Jurisdiction
India
Judgment Date
04 July 2023
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Dated 05.01.2017; Matter Remanded for Fresh Adjudication
Outcome
Appeals allowed to the extent of remanding the matter to the High Court for fresh adjudication on the cross objections filed by the appellants; delay condoned; leave granted.
Legal Topics
Compensation, Cross Objections, Remand, Appellate Duty to Record Findings
Land Acquisition Civil Procedure Compensation Cross Objections Remand Appellate Duty to Record Findings

Case Brief

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Parties

DHEERAJ SINGH

Appellant

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Dated 05.01.2017; Matter Remanded for Fresh Adjudication

Legal Issues

  1. 1 Whether the High Court considered the cross objections filed under Order 41 Rule 22 CPC
  2. 2 Whether an appellate court is obliged to apply its mind to and record findings on all issues raised including cross objections
  3. 3 Whether failure to consider cross objections requires remand to the High Court for fresh adjudication

Ratio Decidendi

The High Court failed to consider the cross objections filed by the appellants under Order 41 Rule 22 CPC; because cross objections must be treated with the same scrutiny as a regular appeal and the appellate court must record findings on all issues, the matter is remanded to the High Court for fresh adjudication on the cross objections.

Court Disposition

Appeals allowed to the extent of remanding the matter to the High Court for fresh adjudication on the cross objections filed by the appellants; delay condoned; leave granted.

Orders

  • Delay condoned.
  • Leave granted.