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Results of remand of appeal

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Showing : 61-70 of 150 Results

KARNATAKA HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Complaint - Order remitting matter to trial Court to dispose of case after affording an opportunity to respondent has been challenged in appeal filed u/s.378(4) - Held, impugned order of remand is neither an order of conviction nor acquittal and it does not..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 386, 482 -- Quashment of proceedings - Rejected by High Court - Appeal thereagainst - Held, High Court had not properly examined the case - It appears to be a fit case for remand for fresh consideration - But Court instead of remanding the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

East Punjab Urban Rent Restriction Act, 1949, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - High Court in earlier revision petitions of tenant remanded matter to appellate authority by open ended remand orders and not by limited or restricted direction - Appeal was restored to files of appellate authority to be decided in..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit disposed of on a preliminary point - Decree reversed in appeal - Appellate Court can remand the case for fresh trial - U.O.41.R.23-A CPC appellate Court may remand suit to trial Court even though such suit has been disposed of on merits when Appellate Court considers that retrial is necessary...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 107 -- Remand - All necessary issues not framed by trial Court - But in second round of litigation, lower appellate Court did frame all issues and decided the appeal - Hence, merely because all issues were not framed by trial Court in second round would not give rise to ground to entertain Second Appeal...........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 25, 28A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Remand - Power of appellate Court - Exercise of - While disposing of the first appeal, the First Appellate Court has failed to consider the aspects of the reliefs as noted in prayers `b' & `c' of Paragraph No.9 of the counter-claim - Learned First Appellate Court has..........

DELHI HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence that was sought to be adduced..........

PATNA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 104, Order 43, Rule 1(u), 23, 23A -- Order passed in appeal - Bar to further appeal - Applicability of - Held, in terms of provisions of S.104(1) of the Code only such appeal is provided as mentioned in aforesaid provisions read with different types of order as mentioned in O.43.R.1 of the Code - Order passed on such appeals, there would..........

PATNA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 96 -- First appeal - Prayer for remand of case for framing specific issue - Plaintiff having understood his specific case that Schedule-III land being claimed to be a joint family property purchased from the fund of the joint family, failed to adduce any evidence, oral or documentary - Both parties participated in the suit on such a..........

Showing : 61-70 of 150 Results