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Justices Abhay Manohar Sapre and S Abdul Nazeer remanded the matter back to the high court for fresh consideration, saying the intra court appeal did involve factual and legal issues but the division bench did not deal with it.
“It was incumbent upon the division bench to deal with all such issues urged and then record its findings one way or the other keeping in view the submissions urged and legal provisions applicable to the issues,” the court said.