Showing : 41-50 of 123 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Remand for purpose of adducing fresh evidence to explain the evidence on record, where it is unambiguous or to cover up deficiencies or to fill in gap is not warranted by the Rule...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23, Family Courts Act, 1984, Section 7, 8-- Remand of case - Jurisdiction - No appellate court can confer jurisdiction on a subordinate court, however high the appellate court may be...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Expression "Trial Court" - Meaning - Only mean the court which is competent to try the icy/issues pursuant to the order of remand...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Expression "Trial Court" - Meaning - It can only understood that remand was made to a court which possessed jurisdiction to try the case at material time...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Following conditions are necessary for court to exercise power under the provision : (i) Appellate court must be in seizin of decree passed by trial court on a preliminary point; (ii) decree should be reversed by appellate court in appeal; iii) if so, the appellate court, if it..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 24-- Remand of case by Appellate Court - No doubt S.107 CPC empowers appellate court to remand a case, but it simultaneously empowers appellate court to take additional evidence or to require such evidence to be taken - O.41.R.24 CPC provides that where evidence on record is sufficient, appellate court..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 25-- Remand - For consideration of all issues by setting aside judgment and decree - Lower appellate Court ought to have resorted to provision of O.41.R.25 CPC - Order of wholesale remand is legally unsustainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 43, Rule 1A-- Order of remand - Appeal against order of remand is maintainable - Matter remitted back to lower appellate Court with direction to pass afresh order in compliance with provision of O.41 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Failure to frame substantial question of law - Held, High Court has committed a grave error in procedure by not framing substantial question of law and setting aside judgment and decree of first appellate Court - Finding of fact recorded by first appellate Court on contentious..........

Showing : 41-50 of 123 Results