Service -- Disciplinary enquiry - Where High Court finds enquiry to be deficient either procedurally or otherwise, proper course always is to remand the matter back to the concerned authority to redo the same afresh - However, this course is not the only course open in a given situation - There may be situations where because of a long time lag or such other supervening..........
Service -- Removal from service - Defective disciplinary enquiry - Remand - Respondent suspended in the year 2005 - Dismissal order was challenged in the High Court in 2006 but remained pending till 2013 and in between respondent superannuated - Not only that respondent also suffered from a heart attack which confined him to bed - He is now 65 years of age - Any remand..........
Service -- Departmental inquiry - Dismissal from service - Judicial review - It is not the function of High Court to impose a particular punishment even in those cases where it was found that penalty awarded is shockingly disproportionate - High Court at best, remand the matter to disciplinary authority for imposition of lesser punishment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court to decide second appeal only on questions framed - Jurisdiction of High Court to decide second appeal is confined only to questions framed - When High Court did not frame any question on question of remand, to trial Court a fortiori it had no jurisdiction deal with such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to decide all the issues as if it was hearing first appeal and instead of answering the questions, set aside the judgment/decree of two Court below and proceeded to remand the cases to trial Court for de novo trial...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Power of appellate Court to remand the case to subordinate Court is contained in O.41.Rr.23, 23-A, 25 CPC - However, it is obligatory for appellant to bring its case under any of these provisions before claiming a remand - High Court had no jurisdiction to remand the case to trial Court, where no party to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of suit for retrial of issues is impossible unless all defendants in the suit are eo-nominee impleaded in the appeal suit also against decree...........
Criminal Procedure Code, 1973, Section 306, 439, 482 -- Bail - Remand prisoner, who has accepted tender of pardon - Can be released on bail by High Court in exercise of powers u/s 482 Cr.P.C., if not u/s 439 Cr.P.C. in appropriate and justifiable circumstances...........
