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Results of remand civil procedure code

Showing : 51-60 of 168 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...........

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 recovery of damages ought not to..........

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 may..........

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 issues was based on re-appreciation of..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Application for adjournment illegally rejected and defendant was denied a chance of adducing its evidence - Lapse of long period of 35 years but for that defendant cannot be blamed - Matter remanded to trial Court to decide suit on or before 31st July, 2014 after allowing parties to lead their evidence...........

Showing : 51-60 of 168 Results