Criminal Procedure Code, 1973, Section 167(2), 309 -- Remand - Power of remand in terms of Ss.167(2) and S.309(2) Cr.P.C can be exercised in following circumstances: (i) accused can be remanded u/s 167(2) Cr.P.C during investigation till cognizance has not been taken by Court; (ii) that even after taking cognizance when an accused is subsequently arrested during further..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Remand of case - Appellant raised formidable issues on facts as well as on law which ought to receive proper attention of High Court in first instance in exercise of power u/s 96 CPC - Additionally, High Court will have to address grievance of appellant that some of documents which in opinion of appellant are crucial..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Appellate Court was aware about seven issues those were framed by trial Court and then went on to pick up each issue which was framed by trial Court for discussion - Such exercise is not contemplated U.O.41.R.31 CPC - First Appellate Court should apply its own mind and frame those points for determination..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16(5) -- Appeal - Power of remand - Appellate authority is conferred with power to allow appeal which necessarily implies that it has power to annul order passed by maintenance Tribunal - Power to annul an order would imply that Appellate Authority has power to remand matter to maintenance Tribunal..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16(5) -- Appeal - Remand of case - No reasons assigned by Appellate Authority for recording its conclusion - Order of remand is necessary only if it found that on the basis of material available on record, matter cannot be decided by Appellate Authority and order of remand should be made for good..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of insufficient evidence as such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........
Constitution of India, 1950, Article 226 -- Writ of habeas corpus - Remand of accused - It is a judicial function - Challenge to order of remand is not to be entertained in a habeas corpus petition...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
