Search Results for "remand for fresh trial"

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Search Results for "remand for fresh trial"

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Supreme Court

Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

6 Mar 2025

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

High Court

Bombay High Court Allows Second Appeal in Trust Scheme Dispute, Remands Matter for Fresh Consideration of Hereditary Trusteeship Claims. The Court held that the District Judge erred in remanding the matter without considering the merits of the scheme application and the rights of legal heirs under the Bombay Public Trusts Act, 1950.

9 Oct 2019

The appellants, original applicants in Scheme Application No. 17 of 1987, sought framing of a scheme for the public trust 'Hazrat Sayyad Dalal @ Shaik...

High Court

Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

10 Nov 2025

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...

High Court

Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

9 Apr 2015

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

High Court

High Court of Bombay at Nagpur Allows Appeal Against Remand Order in Encroachment Suit — Remand Order Set Aside for Exceeding Appellate Powers Under Order 41 Rule 23 CPC. The First Appellate Court's order reversing trial court's dismissal and remanding for fresh trial was held to be without jurisdiction as the suit was not disposed of on a preliminary point.

20 Dec 2019

The case arises from a suit for removal of encroachment and possession filed by the respondent (original plaintiff) against the appellant (original de...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Accused in NDPS Case for Non-Compliance with Section 52A — Statement Recorded Without Proper Safeguards Eschewed. The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable.

28 Jul 2023

The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code ...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

High Court

Bombay High Court Dismisses State's Appeal Seeking Police Custody Remand in MCOCA Case — Special Judge's Order Not Perverse. Court holds that police custody cannot be granted after accused is already in judicial custody without new grounds, and that the State failed to show sufficient evidence under Section 3(3) of MCOC Act, 1999.

10 Jan 2017

The State of Maharashtra filed an appeal against the order dated 6th December 2016 passed by the learned Special Judge under the Maharashtra Control o...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

16 Feb 2022

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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