Showing : 41-50 of 131 Results

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..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5-- Remand of case - Order of remand cannot be made on ground that judgment did not discuss the evidence with reference to several issues and that it contravened the provision of O.20.R.5 of the Code...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Civil cases cannot be remanded back to the trial court in order to decide any question of fact which was not properly pleaded and no evidence was let in by parties on that point...........
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...........
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...........

Showing : 41-50 of 131 Results