Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Court has ample power to remit matter for de novo trial only when appellate Court found that re-trial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - First day of remand has to be included for calculating statutory period for default bail - General Clauses Act not applicable to S.167(2) Cr.P.C. - There is no scope of applicability of Ss.12(1)(2) Limitation Act as there is no decision/order, against which any Appeal/Application is being preferred...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Commercial quantity - Charge sheet filed on 180th day after excluding day of remand and therefore would be within limitation as laid down u/s 36-A(4) of NDPS Act - Bail application rejected...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Occasion of remand would arise only when factual findings of trial Court are reversed and a retrial is considered necessary by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Will - Parties had adduced all their evidence, whatever they wished to and it had not been case of plaintiff that they were denied any opportunity to produce any particular evidence or that trial is vitiated because of any alike reason - High Court meticulously examined the evidence and circumstances and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
