Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order - This Court has to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Order of remand - Appeal against - Lower appellate Court has not formulated any points for its consideration nor it has taken into consideration the legal aspects involved in the matter - Lower appellate Court without any basis has reached to erroneous conclusion to set aside well reasoned judgment and remanded back..........
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b), National Investigation Agency Act, 2008, Section 22 -- Extension of detention period of accused - Accused charged for various offences including offences punishable under Unlawful Activities Prevention Act - Only Sessions Court competent to try said offences after..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23 -- Remand of suit - Legality - Appellate Court has not considered the law of limitation for filing suit or any other point which are considered by trial Court extensively - Appellate Court without going into the merits and demerits of the matter remanded suit for trial Court for retrial - Held, such order passed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
Criminal Procedure Code, 1973, Section 313, 386 -- Appeal against order of conviction - Statement of accused not recorded in a legal manner u/s 313 of the Code - Held, it is duty of Magistrate and not the prosecution to put all the relevant questions to the accused - If there is lapse on the part of Magistrate, prosecution cannot be blamed - Appellate court has power to..........
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 -- Non-framing of issues - Remand by first appellate Court - Trial court failed to frame essential issues arising out of pleadings - Also omitted to decide real controversy between the parties - Error was rectified by first appellate court by way of framing the issues and directed trial court to record findings on indicated..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offences of forgery and misappropriation of huge funds of municipal corporation - Excess amount to the tune of Rs.1, 38, 000/- paid to the contractor, thus causing loss to the public exchequer - Magistrate showed great haste in hearing bail application and passing bail order without giving reasonable..........
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..........
