Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand - Question as to date of death of vendor - Sufficient material available on record to decide the question - Court competent to decide without framing such specific issue - Order of remand for framing such issues and deciding it - Such order is illegal...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Remand of suit for disposal afresh - After remand, applications filed to summon witnesses, to produce documents, to recall certain witnesses and to condone delay in filing..........
Civil Procedure Code, 1908, Section 105(2) -- Party aggrieved by an order of remand if does not file appeal he shall thereafter be precluded from disputing its correctness - Does not apply if there is no final decision on any point in order of remand...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Recasting of issue after remand of case by Appellate Court - Court can at any time, before passing a decree, amend issues or frame an additional issue on such terms as it thinks fit...........
Civil Procedure Code, 1908, Order 43, Rule 1 -- Remand - Land acquisition proceedings - Plea that documents not properly proved - Plea not tenable - Fact that in some other matter case has been remanded, wherein the documents were not duly proved cannot be a ground for remand...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 30, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 23 -- Three suits - Involving common questions of facts and law - Trial Court heard them analogously and delivered a common judgment governing all the suits - Issues not framed separately in all the three suits and not setting those..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Order of remand - Parties are not entitled to take up questions which do not come within the purview of the remand order...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Land acquisition-compensation - Determination of market value - Power of Appellate Court to remand - Not to be exercised lightly unless evidence is totally lacing-awards should be passed speedily...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Remand by appellate Court-appellate Court must be cautious and slow to grant an order of remand in rejudging the order of maintenance unless blatant and manifest error is committed by the trial Court in exercise of its discretion in granting maintenance (Civil Procedure Code, 1908, O.41.R.23-A)..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Power of remand not to be exercised very lightly - only in those cases in which it is not possible for appellate Court to record additional evidence that the remand should be resorted to...........
