Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15(4) -- Eviction - Arrears of rent - Appellate jurisdiction - Whether an Appellate Authority under the Act can remand case back to Rent Controller for decision afresh? - Held, S.15(4) of the Act does not confer any right on Appellate Authority to remand matter for fresh disposal - Appellate Authority has..........
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 27 -- Additional evidence at appellate stage - In case Court finds that further evidence is required to render a fair and proper judgment, it is open to Court to remand the case to the trial Court, even if the party requesting for remand was at fault...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23A -- Remand of case - Propriety - Remand of case on ground that proper issues were not framed - Held, if lower appellate Court was convinced that certain issues were not framed by trial Court it should have framed necessary issues - It was incumbent upon lower appellate Court to advert to issues framed by trial..........
Protection of Children from Sexual Offences Act, 2012, Section 33(1), 28(1) -- Offence under the Act - Bail - Remand - Power of Magistrate - Held, Special Court is empowered to take cognizance of offence on a complaint or police report on facts constituting an offence under the Act - Magistrate has no jurisdiction to entertain and consider application for bail moved by any..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remand - Burden of issues which lay on the defendant not pressed - Held, unless defendant is able to satisfy the Court that he has pressed the issues and findings in this regard recorded by trial Court are wrong and perverse, the question of further adjudication of those issue does not arise - Remand of case for..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Validity - Held, once after remand, appellant had been granted ample opportunity to raise all pleas before Financial Commissioner, then question of merit having not been considered by Collector and Commissioner does not arise - Authorities have found respondent No.5 more meritorious being younger in..........
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..........
Criminal Procedure Code, 1973, Section 167(2) -- Police custody - Grant of - Police custody granted for investigation in different crimes other than the crime in which accused was arrested and remanded - Held, there is no legal bar for granting police custody for investigation in different crimes other than the crime in which accused was arrested and remanded if..........
