Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Appeal - Remand of case - Appellate Court not concurring with the finding of lower Court - Only two courses were open (i) to reverse findings on said issues of (ii) seek report of trial Court if evidence on such issues is deficient - Remand of case to trial Court for fresh decision on those issues was improper...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Additional charge u/s 302/34 framed at the stage of arguments in a trial u/s 304-B and 498-A - Prosecution as well as defence not leading any further evidence - Accused convicted u/s 302 r/w S.34 IPC - Conviction set aside as no opportunity to cross examine witnesses on additional charge was given to accused - Case..........
Civil Procedure Code, 1908, Section 24, Order 41, Rule 23 -- Remand - Suit remanded to trial Court for fresh decision - Trial Court has jurisdiction to go into all issues including issue relating to valuation and sufficiency of Court fees - Whole of matter open - Transfer sought on the ground of exceeding jurisdiction - Liable to be dismissed...........
Criminal Procedure Code, 1973, Section 235(2) -- Conviction in appeal - Sentence awarded without opportunity of hearing - Remand - Is an exception, not the rule and ought, therefore, to be avoided as far as possible in the interest of expeditious though fair, disposal of case - If conviction is maintained in appeal, matter need not be remanded and Supreme Court can hear on..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First Appeal - Appellate court applied mind and appreciated evidence - Cogent reasons given - Remand on ground that points for determination like framing of issues were not framed will not be ordered...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation about change of ownership - Moment appeal preferred against sanction of mutation ordered by Assistant Collector IInd Grade - Mutation became contested - Appropriate course - To declare mutation as contested and remand it to Assistant Collector 1st Grade to grant opportunity to concerned parties to lead..........
Punjab Land Revenue Act, 1887, Section 16 -- Remand of case to decide afresh - Challenge to - Sufficient opportunity to plead the case before the Authority - In case dis - satisfied - Adequate opportunity to file appeal - Interference in revision declined...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand to Tribunal under Punjab Town Improvement Act by two different judgments of Supreme Court - Supreme Court in earlier judgment while remanding the matter had duly taken note of other questions raised in the appeal and had left them open - These questions were neither decided by Supreme Court nor disallowed on any..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner set aside order of Collector dismissing Lambardar and remanded case to Collector for decision afresh - No permanent injury occurred by way of remand order - Can advance his version if he has evidence to prove before Collector - Interference declined by Financial Commissioner - Punjab Land Revenue..........
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...........
