Showing : 11-20 of 23 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 43, Rule 1(u)-- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Order of remand - Appeal against - Lower appellate Court has not formulated any points for its consideration nor it has taken into consideration the legal aspects involved in the matter - Lower appellate Court without any basis has reached to erroneous conclusion to set aside well reasoned..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 25-- Remand - Remand of appeal on amendment of plaint during pendency of first appeal - Not a ground for remand - For remand of case appellate Court should come to a conclusion that lower court has omitted to frame issues and/or has failed to determine any question of fact which is essential for the..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 386, 401-- Conviction - Appeal - Remand by lower appellate Court on ground that word 'insect infestation' not put in statement u/s 313 Cr.P.C. - Held, lower Appellate Court can remand case for hearing when either whole trial is illegal or non curable defect has occurred which has caused prejudice to accused..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 43, Rule 1(u)-- Remand - Appeal against - Appellant under an appeal U.O.43.R.1(u) is not entitled to agitate questions of facts - High Court can and should confine itself to such facts, conclusions and decisions which have a bearing on the order of remand and cannot convass all the findings of facts arrived at by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Before order of remand can be passed - Court has to consider and set aside findings given by Court below - Order 41 Rule 23 does not authorise Appellate Court to reverse decree as a matter of course whenever the Court thinks that on some issues re - trial is considered to be necessary - Before the..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Service-- Dismissal from service for unauthorised absence - Challenge as to - Trial Court decreeing suit giving finding that unauthorised absence regularised treating period of absence as leave without pay and as such charge does not survive - Further finding that opportunity of being heard not given to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A- - Before Appellate Court can remand a case for retrial to lower Court - Must come to the conclusion that decision of trial Court liable to be reversed or set aside - Appellate Court cannot reverse the decree as a matter of course whenever it thinks that retrial has become necessary...........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Practice and Procedure -- Effect on remand order which attained finality directing lower authority to decide on the basis of judgment of High Court in earlier case which later on reversed by Supreme Court - Even orders which may not be strictly legal - Become final and binding between the parties if not challenged before..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23, 23-A-- Remand - Remand of suit for disposal afresh - After remand, applications filed to summon witnesses, to produce documents, to recall certain witnesses and to condone delay in filing documents and to receive them in evidence - After remand trial Court can receive any document or examine a witness..........

Showing : 11-20 of 23 Results