Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Appeal - Power of remand - Single Judge has elaborately dealt with merits of challenge in petition u/s 34 of the Act - Remand was thus, completely unwarranted - Benefit of a decision of Appellate Court dealing with all the issues dealt with by Single Judge while deciding petition u/s 34 of the Act not available -..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remand - Whenever an appellate Court is of the view that an additional issue ought to have been framed by trial Court then correct course to be adopted by Appellate Court is to frame the additional issue and thereafter remand the matter back for adjudication of that additional issue - Wholesale remand of matter is held..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Criminal trial -- Jurisdiction of trial Court in case of remand - Trial Court cannot enlarge its jurisdiction by allowing parties to reopen the matter which are not remanded to it...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Enabling power U.O.41.R.23-A CPC to remit the matter back to lower Court can be resorted to only if judgment passed by Court below is set aside on merits and re-trial is considered necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Allowing of application for additional evidence is not sufficient to remand the case back to trial Court - First appellate Court being Court of fact and law has power and authority to call upon plaintiff to lead additional evidence or seek report from trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
