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Showing posts with label remand of case. Show all posts
Showing posts with label remand of case. Show all posts
Thursday, 23 April 2026

S 105 of CPC explained- Appeal against orders

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 Section 105 CPC means that normally no separate appeal lies from every order , but if a final decree is appealed, then any error, defect, o...
Saturday, 27 December 2025

When Remand of case Orders Meet New Law: Can Courts Navigate Beyond the Original Direction?

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  A Critical Analysis of  Hardit Singh Chadha v. Jagtar Singh Grover , Delhi High Court (1993), 1993 IVAD Delhi 501; AIR 1994 Delhi 189   ...
Monday, 12 May 2025

Bombay HC: Remand of case should not be directed where the record is sufficient for final disposal and no prejudice is caused.

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The revisional authority, having recorded a finding on the defectiveness of the panchnama, was under a legal duty to test the merits of the ...
Sunday, 4 May 2025

Allahabad HC: Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court

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In the instant case the revisional court had assumed the jurisdiction of executing court and dismissed the application filed under Order XXI...
Sunday, 29 December 2024

Maharashtra Court Fees Act: Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court

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  Section 15 in Maharashtra Court-fees Act. 15. Refund of Fees paid on memorandum of appeal- If an appeal or plaint, which has been rejected...
Sunday, 11 August 2024

Leading SC and other HC Judgments on Civil appeal, criminal appeal, civil revision, criminal revision and remand of case (Part 2)

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  1) Supreme Court: All grounds that may be urged in support of the revision petition may be urged in the appeal, but not vice versa.   IN T...
Friday, 2 August 2024

Whether Appellate court must remand the case if trial court has not framed issue on the point of readiness and willingness in suit for specific performance of contract?

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4.1. Now the findings and the reasoning given by the learned Trial Court refusing to pass a decree for specific performance is concerned it ...
Tuesday, 14 May 2024

Orissa HC: Second revision against fresh order passed by lower court after remand by revisional court maintainable.

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It is not understood as to how the Sessions Judge could apply this provision to hold that the revision before the Sessions Judge was barred ...

Supreme Court: Matter should not be remanded to the lower court when sufficient material for deciding the case finally is already there before the appellate court.

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In our view, there was neither any need and nor any occasion to remand the case to the Magistrate. In other words, we are of the view that t...
Wednesday, 1 May 2024

Bombay HC: The Appellate court should remand the case if the trial court has given a finding on title over suit property without framing issue on that point

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  In this suit though specific averment is made in plaint about title and the same has been refuted by defendant, no specific issue in that ...

Bombay HC: The Appellate court should remand the case if there is dispute regarding possession of suit property

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Considering nature of dispute between adjoining owners of agricultural lands, the real dispute between the parties is required to be decided...

Supreme Court: Under which circumstances the appellate court should not remand the case for de novo trial

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On the facts of the present case and the nature of order passed by the High Court, the enunciations and observations in the case of Sanjay K...

Supreme Court: Appellate court should remand the case when the factual findings of Trial Court are reversed and a re-trial is considered necessary

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  Such cases where retrial is considered necessary because of any particular reason and more particularly for the reason that adequate oppor...

Whether the appellate court should remand a case because the trial court has not properly appreciated the evidence?

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 A conjoint reading of Rules 23, 23A and 24 of Order XLI brings forth the scope as also contours of the powers of remand that when the avail...
Monday, 2 October 2023

Whether Cross Objections Have All Trappings Of Regular Appeal and it Must Be Considered In Full?

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  In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellant...

Whether Second appellate court should remand the case if first appellate court has failed to give it findings on cross objection?

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 In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellants...
Wednesday, 24 May 2023

Whether unauthorized construction of a person is compounded if offence as per Compounding Byelaws is compounded?

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The Act of 1973 does not contain any provision for compounding of constructions. However, there is a provision for composition of offences u...
Saturday, 18 February 2023

Whether the appellate court can remand a case if trial court has not correctly applied principles of acknowledgment of liability as per S 18 of limitation Act?

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  Unfortunately NCLAT completely overlooked the pleadings revolving around the letter dated 28.09.2015 and the six cheques. The failure of t...
Thursday, 16 February 2023

Under which exceptional circumstances the Appellate court can remand the case to trial court?

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  An order of remand prolongs and delays the litigation and hence, should not be passed unless the appellate court finds that a  re-trial is...
Sunday, 25 July 2021

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

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    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...