Essential Commodities (Special Provisions) Act, 1981, Section 12, Essential Commodities Act, 1955, Section 11 -- Criminal Procedure Code, 1973, Section 167 - Whether the special court which ceased to be a special court under the Essential Commodities (Special Provisions) Act, 1981, but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985, has..........
Evidence Act, 1872, Section 24 -- Judicial confession - Accused in police custody - Produced before Magistrate on three occasions - After seven days of remand in judicial custody accused made confession and admitted the full length role played by him alongwith other accused - Magistrate certified that in his opinion accused made the confession voluntarily - Held, it cannot..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Not formulated by High Court - However, if the Supreme Court reaches a conclusion that even after remand the result would be the same, the remand would not serve any purpose...........
Criminal Procedure Code, 1973, Section 309 -- Day to day examination of witnesses - If not possible due to non co-operation of the accused or his counsel Court can remand the accused to custody or impose costs on the party seeking adjournment or when the accused is absent and the witness is present Court can cancel his bail if he is on bail unless an application is made on..........
Civil Procedure Code, 1908, Section 100 -- Unchallenged remand order of lower Appellate Court though binding on it is not binding on the superior Courts while hearing the appeal...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Held, there cannot be any detention in police custody after the expiry of first 15 days...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Unless the appellate Court reaches a conclusion that findings on an issue are not sustainable and the matter requires re-trial, the case cannot be remanded without reversing the findings of the trial Court - Mere fact that the appellate Court has allowed the application U.O.6.R.17 or application U.O.18.R.17-A or..........
Remand -- No prejudice caused due to remanding of case - Both parties free to adduce evidence to establish their claim - Punjab Land Revenue Act, Sections 13 and 16...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Before order of remand can be passed - Court has to consider and set aside findings given by Court below - Order 41 Rule 23 does not authorise Appellate Court to reverse decree as a matter of course whenever the Court thinks that on some issues re - trial is considered to be necessary - Before the decree as such can be..........
Letters Patent Appeal -- Challenge to remand order passed by Single Judge under Order 41 Rule 23 Civil Procedure Code - Appeal against remand order - Maintainable under Order 43 Rule l(u) Civil Procedure Code - Scope of appeal - Confined to question of correctness of order of remand - Questions bearing upon merits of the case - Cannot be raised - Civil Procedure Code,..........
