Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Joint submission of parties that public documents not considered by trial Court and it should be considered by appellate Court - There was no necessity of remanding the matter - Order of remand set aside - First Appellate Court to decide case itself...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Ejectment - Failure to comply with remand order - Ejectment petition by Municipality for ejectment of pujari - Ejectment ordered by Collector - Commissioner in appeal remanded the case to Collector with a specific direction to determine various issues including question of title by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery - Form No.29 neither prepared at the spot nor deposited with the Incharge of malkhana - Seal not handed over to independent witness but remained with official witness - Case property not produced before Court when accused produced for remand - No evidence with regard to seal..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Duty of appellate/revisional court - Held, if an appellate court or revisional court finds that a trial court has not put any question to accused even if it was of a vital nature, such omission alone should not be made a ground to set aside conviction and sentence as an inevitable consequence, rather,..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - In absence of challenge to the findings on issues in appeal, Appellate Court cannot remand the case by setting aside the decree on those findings...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Order of remand cannot be passed as a matter of course - Order of remand to be passed only when Court comes to a specific finding that judgment of trial Court is erroneous and liable to be set aside, which is a condition precedent - Order of remand not to be passed on the ground that evidence is not properly..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A, 25 -- Appeal - Remand - Issues wrongly framed and onus to prove wrongly placed - Appeal not to be remitted in its entirety - Trial Court to allow parties to adduce evidence and to return the same with its findings and High Court to decide appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Wrong framing of issue - Scope of remand - Will by mother in favour of a daughter - Challenged by other daughter by filing suit for declaration - Suit dismissed - In appeal High Court held that the Trial Court wrongly framed issue regarding validity of Will in negative ` Onus of proof of Will was also wrongly placed..........
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..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Order of remand to judicial custody - Does not amount to taking cognizance of an offence...........
