Civil Procedure Code, 1908, Order 41, Rule 24 -- Question of ouster of jurisdiction - Refusal to remand back case - Power of court - Application for deciding question of ouster of jurisdiction was specifically denied by filing Affidavit-i, Opposition - All materials for deciding such question are available before this Court - Held, in such circumstances, instead of remand,..........
Civil Procedure Code, 1908, Order 41, Rule 23,25 -- Remand order - Scope - Limited power - If appellate Court is of view that issues should have been recast then power lies with appellate Court itself to recast issues - O.41.R.25 applies when appellate Court notices omission on the part of trial Court to frame or try any issue or to determine any question of fact which..........
Civil Procedure Code, 1908, Section 107 -- Remand - Exercise of power - Only where a fresh issue is required to be framed and a finding on it is necessary which cannot be recorded by the appellate Court for want of sufficient evidence...........
Criminal Procedure Code, 1973, Section 386 -- Power of appellate court - Appellate Court in appeal against conviction - It has power to reverse findings as well as sentence and acquit or discharge accused, or order retrial of convict by a Court of competent jurisdiction subordinate to such appellate court - But there is no power of Criminal appellate court to remand the..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Conditions precedent must be satisfied - Court should loathe to exercise its power in terms of O.41.R.23 CPC and an order of remand should not be passed routinely - It is not to be exercised by the appellate court only because it finds it difficult to deal with the entire matter - If it does not agree with the..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court to exercise its power within confines of O.41.R.23 to R.26-A and to decide case at appellate stage itself - Tendency to remand case in toto after setting aside judgment of trial Court and to direct a de novo trial is against the tenor of law - What can be done at appellate stage, need not be remanded..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Power of remand cannot be exercised in cases where Appellate Court can decide the issue considering the evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Before order of remand can be passed - Court has to consider and set aside findings given by Court below - Order 41 Rule 23 does not authorise Appellate Court to reverse decree as a matter of course whenever the Court thinks that on some issues re - trial is considered to be necessary - Before the decree as such can be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court to frame a substantial question of law at the beginning of the hearing itself - If question of law or questions of law are already raised in the memorandum of appeal then it is obligatory upon the High Court to hear the learned counsel for the parties on such substantial question of law or questions of..........
