Home Maxims & Terms Remand by appellate Court meaning in Urdu
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Remand by appellate Court

Remand by appellate Court legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 YLR 1353 PESHAWAR-HIGH-COURT Judicial Precedent
S. 107Specific Relief Act (I of 1877), S.42Suit for declarationRemand by appellate CourtScopePowers ofSuit was dismissed by the Trial Court but same was remanded by the Appellate CourtValidityAppellate Court had recorded no findings upon merits of the caseNo directions were given as to which of the issue was lacking which was to be framedAppellate Court had simply remanded the case by observing that Trial Court should frame proper issuesRemand order should be in clear terms and taskSuit had to be entrusted to the Trial Court for re-decision with clarity so as to avoid ambiguityDirection given by the Appellate Court, in the present case, had already been dealt with by the Trial CourtRemand order was not warranted by law

Appellate Court was bound to recast the issue necessary in its opinion for the just decision of the matter and then remand the case for decision in the light of issues so framed

Appellate Court had been empowered with same power as court of original jurisdiction

Said court should perform the same duties as were conferred and imposed by the Civil Procedure Code, 1908 on the courts of original jurisdiction

Revision was accepted and judgment and decree of the Appellate Court were set aside and case was remanded by the High Court to the Appellate Court for decision on merits.

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Precedents & Case Laws citing "Remand by appellate Court"

SCMR 1991
Civil Petition No.277 of 1986, decided on 31st October, 1989.

1991 S C M R 1332

Mst. RAISHAM BIBI — Petitioner Versus ADDITIONAL COMMISSIONER (REVENUE) with

Court: High Court
YLR 2006
Civil Revision No. 18/BWP of 2004, decided on 8th March, 2006.

2006 Y L R 2854

ALLAH RAKHA and others — Petitioners Versus Mst. ASGHARI BEGUM and others — Respondents

Court: High Court
SCMR 1986
Civil Petition for Special Leave to Appeal No. 312 of 1985, decided on 8th September, 1985.

1986 S C M R 406

GHULAM RASOOL‑‑Appellant Versus PIR BAKHSH and others‑‑Respondents

Court: High Court
CLC 2000
Civil Revision No.242BWP of 1983, decided on 23rd June, 1999.

2000 C L C 2000

MUNIR AHMAD‑‑‑Petitioner Versus GHULAM QADIR‑‑‑Respondent

Court: Lahore
PCRLJ 1986
Criminal Miscellaneous No. 102‑Q/BWP of 1985, decided on 5th March, 1985.

1986 P Cr

THE STATE‑‑Petitioner Versus NASIR AHMAD and others‑‑Respondents

Court: Lahore
MLD 1988
First Appeal against Order No. 234 of 1980, decided on 13th November, 1983

1988 M L D 931

MA.KHOKHAR‑‑Appellant Versus Sh. MANZOOR AHMAD and another‑‑Respondents

Court: Lahore
PLD 2001
Civil Revision No. 1148 of 1996, heard on 30th May, 2001.

P L D 2001 Lahore 499

MUHAMMAD KHAN and 8 others‑‑‑Petitioners Versus MUHAMMAD IQBAL and 6 others‑‑‑Respondents

Court:
PCRLJ 1992
Criminal Miscellaneous No. 14/Q of 1990, decided on 26th May, 199

1992 P Cr

MUHAMMAD AMJAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Court: Lahore
MLD 2006
N/A

2006 M L D 1993

GHULAM MUHAMMAD — Petitioner Versus NOSHA — Respondent

Court: Lahore
CLC 2001
Writ Petition No.2592 of 2000, decided on 24th November, 2000.

2001 C L C 641

GHULAM MUHAMMAD and 2 others‑‑‑Petitioners Versus MUHAMMAD BASHIR and 23 others‑‑‑Respondents

Court: Lahore