Punjab Land Reforms Act, 1972, Section 8, 11(7), 28, Punjab Security of Land Tenures Act, 1953, Section 5B -- Exparte order of surplus area after remand - Death of landowner not brought to notice of Commissioner - Impugned order by Collected dated 23.5.1968 after report of refusal on summons - Dismissal of appeal as time barred and on merits - State delivered possession of..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Remand of case - Appellant directed to pay the admitted amount to the respondents/plaintiffs the arrears of rent/damages/user charges for the suit premises under his occupation...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Decree passed on a preliminary issue - Held, O.41.R.23 is applicable - Appellate Court must disagree with the findings of the trial Court on the said issue - Only when a decree is to be reversed in appeal, the appellate Court considers it necessary, remand the case in the interest of justice - It confers a..........
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 25 -- Remand - Remand of appeal on amendment of plaint during pendency of first appeal - Not a ground for remand - For remand of case appellate Court should come to a conclusion that lower court has omitted to frame issues and/or has failed to determine any question of fact which is essential for the right decision of the suit on..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Parties are at liberty to argue the whole appeal after the findings are received from the court of first instance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Poppy husk - Recovery of - IO deposited bags with HMC - Case property and sample not produced before SHO - No explanation for non production of case property before SHO - It violates provision of S.55 of the Act - Nothing on record to show that case property was produced before Ilaqa Magistrate when..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Framing of additional issue - Merely because an additional issue is framed Appellate Court cannot set aside the findings of trial Court on all issues without going into the merits of the case - Appellate Court can decide the appeal on merits after getting report from the trial Court on the additional issue so..........
Criminal Procedure Code, 1973, Section 167 -- Remand to judicial custody - I.O. had sought remand only u/ss 325, 323, 506, 452 IPC - Magistrate perused the relevant police papers and came to conclusion that offence u/s 326 IPC was also made out and passed judicial remand u/s 326 IPC - Legality of - Held, Magistrate has not exceeded its jurisdiction - He is always empowered..........
Criminal Procedure Code, 1973, Section 167(2), 309(2) -- Remand - S.167(2) is applicable when cognizance is not taken and it is S.309(2) which is attracted where cognizance is taken...........
