Thursday 4 March 2021

Leading Judgments on Civil appeal, civil revision and remand of case

1)  Leading Supreme court judgment on production of additional evidence in appellate court 

Union of India (UOI) Vs.  Ibrahim Uddin and Ors.
Decided On: 17.07.2012

2) When court can grant relief to party who had not preferred appeal?

Banarsi vs Ram Phal on 17 February, 2003

3) Leading Supreme court Judgment on cross objection

Superintending Engineer And Ors vs B. Subba Reddy on 26 April, 1999

4) Leading Judgment on procedure to be followed by lower court after case is remanded to it

It is fairly stated that power of jurisdiction
of the Court lower in hierarchy after remand, depends on
specifications of the remand order. Whether the order of
remand lays down any limits of enquiry to be made by the
Court lower in hierarchy that Court has no jurisdiction
to entertain any question which falls outside those
limits. In other words, where the Court passes
restricted order of remand it is not open to any of the
parties or any Court to enlarge the scope of the remand
order, that too, by a side window.
 Popcorn Entertainment Corporation, V/s. The City Industrial Development  Corporation,

Q 5:- Whether court to which case is remanded can take cognizance of change of law?

Ans:- ORDER OF REMAND - Interpretation of-Supreme Court remanding the case for decision in the light of a particular decision-Subordinate Court can look into the subsequent decisions also to ascertain the correct position of law.

Delhi High Court

Hardit Singh Chadha vs Jagtar Singh Grover on 1 October, 1993

6) Procedure to be followed by lower court when case is remanded by higher court

Only limitation after the remand is as may be contained in the order of remand. If the order of remand restricts the jurisdiction, the Court cannot override those limitations. But if the order of remand is in fact a direction of re-hearing on merits on all issues and all contentions raised by the parties, the jurisdiction is not at all restricted.

Bombay High Court

Laxman Bapu Berad vs Sudhakar Nanasaheb Jawale on 5 August, 1997

7) Whether lower appellate court can remand the case to trial court if high court has remanded said case to it?

If such a remand is directed by the second Appellate Court or by the High Court in exercise of its jurisdiction under Article 227 of the Constitution of India, on remand of such matter before the lower Appellate Court, the lower Appellate Court has all the options open including, in turn, remanding the matter to the trial Court if it thinks that such a course is necessary in the ends of justice.

Laxman Bapu Berad vs Sudhakar Nanasaheb Jawale on 5 August, 1997
Equivalent citations: 1998 (2) BomCR 259,1998(1)ALLMR667,

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