Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Civil Procedure Code, 1908, Section 102, Order 41, Rule 23, Land Acquisition Act, 1894, Section 4, 6 -- Remand of case - Acquisition proceedings - Propriety of - Prayer only for permanent injunction - No challenge to acquisition proceedings - Specific assertion coupled with materials in written statement about acquisition of land long ago and subsequent events, suit of any..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23 -- Decision on all issues - Duty of Court below - Held, all courts whose orders are not final and appealable should decide the lis before it on all issues as may be raised by the parties though in its comprehension the same can be decided on a single or any given issue without going..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Conditions for - Held, specific provisions have been made in the CPC empowering remand of a suit by appellate court for specific purposes under specific circumstances - There cannot be an arbitrary order of remand without satisfying conditions U.O.41.Rr.23, 23-A or 25 of CPC - Even when a party..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit disposed of on a preliminary point - Decree reversed in appeal - Appellate Court can remand the case for fresh trial - U.O.41.R.23-A CPC appellate Court may remand suit to trial Court even though such suit has been disposed of on merits when Appellate Court considers that retrial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........
