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Results of remand of appeal

Showing : 21-30 of 122 Results

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court to decide second appeal only on questions framed - Jurisdiction of High Court to decide second appeal is confined only to questions framed - When High Court did not frame any question on question of remand, to trial Court a fortiori it had no jurisdiction deal with such..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to decide all the issues as if it was hearing first appeal and instead of answering the questions, set aside the judgment/decree of two Court below and proceeded to remand the cases to trial Court for de novo trial...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Power of appellate Court to remand the case to subordinate Court is contained in O.41.Rr.23, 23-A, 25 CPC - However, it is obligatory for appellant to bring its case under any of these provisions before claiming a remand - High Court had no jurisdiction to remand the case to trial Court, where no party to..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of suit for retrial of issues is impossible unless all defendants in the suit are eo-nominee impleaded in the appeal suit also against decree...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a period of 6 months - Even..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Execution of Will in favour of plaintiff deliberately not proved by him despite opportunity of hearing was given to him by trial Court - Courts below rightly held, that in absence of any evidence or proof of execution of Will it cannot be accepted as proved - In these circumstances, plaintiff cannot be permitted to..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s 397 IPC has resulted in..........

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 thinks fit, may remand the..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Service -- Appointment - Remand of matter to reconsider the case of Respondent No.1 as per Government guidelines - Remand order does not mean rejection of appellant's case and appointment of Respondent No.1 - Moreover appointment of Respondent No.1 made pursuant to order under appeal is clearly illegal as she did not have the eligibility qualification - Held, appellant's..........

Showing : 21-30 of 122 Results