Consumer Protection Act, 1986, Section 2(1),(g),17 -- Medical negligence - Remand of case - Dismissal of complaint by State Commission inter alia holding that no expert examined and no medical literature produced - Plea of the appellant complainant that literature produced by her not referred to upheld - No record of cross-examination on record - Matter remanded to State..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case after framing additional issues - Non application of mind as to whether issues already framed required any amendment, modification or alteration - Appellate Court required to pass such order so that trial Court may decide factual aspects avoiding second chance of remand - Order of Appellate Court set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand of case for re-trial - A serious matter - Can be ordered in exceptional circumstances when no real trial or complete and effective adjudication of matter - Remand not meant for providing fresh opportunity to a party - Before passing order of remand - Necessary to come to the conclusion that re-trial necessary -..........
Punjab Land Revenue Act, 1887, Section 118, 13 -- Ambit and scope of Section 118(3) - Option to applicant for partition dissatisfied with original or appellate order to withdraw from partition proceedings - Option in addition to right of parties to file appeal under Section 13 - Not in derogation of right of appeal - Applicant for partition not precluded from filing appeal..........
Criminal Procedure Code, 1973, Section 479 -- Anonymous letter containing intimidating language received by Magistrate - Petitioner suspected to have written the letter - Letter sent to police for registration of a case - Case registered u/s 503 and 507 IPC - Magistrate passed remand order - Defacto complainant in the case was Magistrate himself - Application moved by..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of land at the time when surplus area proceedings of landowner not finalised and still pending on remand - Cannot be accepted because it could not then be known whether land purchased would be included in reserved area of landowner or would form part of his surplus land - Tenant cannot claim ownership on the..........
Arbitration and Conciliation Act, 1996, Section 10, 16, 30, 31 -- Arbitration award - Single Judge set it aside on many grounds - D.B. considered only two grounds and disposed of the appeals - Appeal to Supreme Court - Held, D.B. should have given decision on all grounds on which award had been set aside by Single Judge - Remand to D.B. to consider the other grounds also...........
Criminal Procedure Code, 1973, Section 204, 70, 71, 309 -- Warrant issued u/s 204 - Magistrate has power to remand an accused brought before him under arrest on executing a warrant issued u/s 204 Cr.P.C...........
Evidence Act, 1872, Section 9 -- Test identification parade - Conducted after one month of arrest - In between accused produced in Court for remand - No effort made to conceal his identity - In absence of corroborative evidence, implicit reliance on identification made at the test identification parade cannot be made...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Court only in exceptional cases by exercise of inherent powers can remand the case de hors Rules 23 & 23-A - Judgment under appeal when not dispose of the case satisfactorily only then superior Court set it aside and remand the case so as to protect valuable rights to the parties - An appellate court should be..........
