Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Remand of case - Rebuttal evidence would only be allowed if other party had led evidence after remand...........
Prevention of Food Adulteration Act, 1954, Section 17 -- Adulteration of dalda ghee - Conviction of nominated person - Remand of matter to Trial court for fresh consideration after 30 years - Non-conviction of company by Trial Court - Failure of Trail Court to convict the company, renders entire conviction of nominated person, unsustainable - Order of remand, not proper...........
Natural justice -- Practice and procedure - In cases where facts can be stated to be admitted or indisputable and only one conclusion is possible, Court does not pass futile orders of setting aside or remand when there is in fact no prejudice caused - This conclusion must be drawn by Court on an appraisal of facts of case and not by authority who denies natural justice to..........
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,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 16 kgs 200 gms Ganja - Non-compliance of S.42 of the Act, would not vitiate the entire prosecution case, even though an order of remand is necessary after it is established that there has been non-compliance of S.42 of the Act - Accused rightly convicted...........
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...........
