Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 23 -- Eviction order - Action Plan - Jurisdiction to pass an eviction order is with District Magistrate and not with SDM - Role of SDM is limited only to verification of title and confirmation of facts of case through concerned revenue official within period of 15 days - There is no provision..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for recording additional evidence - Application for additional evidence dismissed by High Court as not pressed - Such order was passed after arguments were heard on behalf of parties and it attained finality - Proceedings which were closed by said order cannot be collaterally opened subsequently on the ground..........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
Criminal Procedure Code, 1973, Section 209, 309(2), 167(2) -- Remand - Power of remand conferred on Magistrate u/s 209(a), (b) Cr.P.C. is not subject to other provisions of remand i.e S.167(2), 309(2) Cr.P.C., rather this power is independent in nature and only available to Magistrate under commitment proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Divorce proceedings - Appellate Court without entering into merits of adjudication by Trial Court merely remanded proceedings so as to give one opportunity to respondent to contest the proceedings - Unless conditions stipulated U.O.41.R.23-A CPC are satisfied, order of remand cannot be passed - Impugned order of..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court has to first go into merits of adjudication by trial Court and only on being satisfied that decree is liable to be reversed and fresh trial is considered necessary that order of remand can be passed...........
