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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The legal framework, including Rules 23, 23A, and 25 of Order XLI CPC, emphasizes that remand should not be routine but justified based on specific circumstances, with reasons clearly recorded ["Jamuna Prasad @ Yamuna Prasad VS Harilal - Allahabad"].
Analysis and Conclusion:
In the complex world of Indian litigation, remand orders can either streamline justice or unnecessarily prolong disputes. If you've ever wondered, What is the check list for remand?, you're not alone. Courts emphasize that remand should never be a routine practice but a carefully considered step backed by specific legal criteria. This guide breaks down the essential checklist for remand under the Code of Civil Procedure (CPC), drawing from Supreme Court judgments and statutory provisions to help you navigate this procedural safeguard effectively.
Note: This article provides general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Remand refers to sending a case back to a lower court for fresh consideration, retrial, or additional evidence. While it ensures justice, unwarranted remands lead to delays, increased costs, and backlog in courts. The Supreme Court has repeatedly stressed that appellate courts must exercise remand powers sparingly. A proper checklist acts as a procedural safeguard, ensuring compliance with law and preventing abuse. Seeta Gupta VS Additional District Judge - 2024 0 Supreme(All) 2048Matar Mahato @ Mahindra Singh VS Umesh Singh - Current Civil Cases (2022)
As highlighted in key judgments, remand should not be routine or unwarranted, and specific criteria must be satisfied before such an order is passed. Seeta Gupta VS Additional District Judge - 2024 0 Supreme(All) 2048
The cornerstone of remand in civil appeals lies in Order 41 Rules 23, 23A, and 25 of the CPC. These rules outline precise conditions:
These provisions ensure remand is not a blanket solution but tied to evidentiary or procedural gaps. Jegannathan VS Raju Sigamani - 2012 0 Supreme(SC) 109
Before issuing a remand order, courts and practitioners should verify the following checklist, aligned with judicial mandates:
Courts must prepare and follow such checklists to curb litigation prolongation. The courts are advised to exercise their power of remand sparingly and avoid routine remand orders, which can prolong litigation unnecessarily. Seeta Gupta VS Additional District Judge - 2024 0 Supreme(All) 2048Matar Mahato @ Mahindra Singh VS Umesh Singh - Current Civil Cases (2022)Jegannathan VS Raju Sigamani - 2012 0 Supreme(SC) 109
The Supreme Court has solidified these principles in landmark cases:
Furthermore, After the amendment all the cases of wholesale remand are covered by Rule 23 and 23A. ABDUL QUDDOORS VS AJIT SINGH (SINCE DECEASED) - 2024 Supreme(P&H) 108
While the primary focus here is civil procedure, criminal law also mandates checklists, particularly for arrests leading to remand under CrPC Sections 41 and 167. These prevent illegal detentions and ensure judicial oversight.
Directions from courts like in Zarina Begum VS State of Madhya Pradesh through P. S. E. O. W - 2021 Supreme(MP) 397 mandate supplying checklists with remand applications: It is mandatory to supply a copy of the check list along with the remand application... The State Police is directed to format and prepare a check list of pre-conditions fulfilled by the police under section 41(1)(b)(ii).
These criminal safeguards mirror civil emphasis on justification, promoting accountability across jurisdictions.
To uphold these standards:- Develop Standardized Checklists: Align with CPC Rules and judicial precedents for consistent application.- Pre-Remand Review: Investigating/prosecuting authorities should use checklists during probes to preempt remand needs. Devika Biswas VS Union of India & Ors. - 2016 6 Supreme 595- Judicial Training: Emphasize sparing use of remand powers to reduce backlogs.- In Criminal Cases: Strictly follow Arnesh Kumar guidelines (Zarina Begum VS State of Madhya Pradesh through P. S. E. O. W - 2021 Supreme(MP) 397) for arrests/remands in offences up to 7 years.
Such checklists should include verification of whether the evidence is sufficient for final disposal, whether issues were omitted, or whether further investigation or evidence is necessary. Devika Biswas VS Union of India & Ors. - 2016 6 Supreme 595
In conclusion, the checklist for remand serves as a vital procedural guardrail, ensuring orders align with statutory provisions and judicial wisdom. By adhering to it, courts can deliver swift justice while safeguarding rights. Stay informed, and for tailored advice, reach out to legal experts.
References:1. Seeta Gupta VS Additional District Judge - 2024 0 Supreme(All) 2048: Core on statutory provisions and non-routine remand.2. Matar Mahato @ Mahindra Singh VS Umesh Singh - Current Civil Cases (2022): Circumspection in remands, checklist advocacy.3. Jegannathan VS Raju Sigamani - 2012 0 Supreme(SC) 109: Scope of Rules 23/23A/25.4. Other cited judgments for contextual depth.
#RemandChecklist, #CPCLaw, #IndianJudiciary
If the Magistrate could have noted down the submission of check- list in its remand order, which was available at the time of remand, the entire matter would not have come before this Court. ... was not given by the Investigating Officer (iii) check-list and case diary was not produced at the time of remand, and considering the above three reasons, the remand of the accused persons was refused. ... (ii) All police officers be provided with a #HL_STA....
Code of Criminal Procedure , as referred in Arnesh Kumar (supra) has stressed upon Condition No.4, stating that the check list would be necessary only in case of further detention and that the police could not be obliged to file any check list at the first instance since section_ref ... of the genuineness which had been approached by the respondent No.4 for making arrest and for further remand or for sending the applicant in judicial custody.
Such check list was not placed before the learned Magistrate for his judicial consideration as to whether the materials in support of the check list justified recalling of the release bond with an order of arrest to be passed by the learned Magistrate. ... All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii); 11.3. ... None of the ground were stated by the Investigating Officer to the learned Magistrate praying for arrest of peti....
To be listed in the urgent list.” 2. The learned counsel representing the parties have been heard at length and with their able assistance, perused the paper-book. ... On twin conditions being satisfied, the appellate court can exercise the same power of remand under Rule 23A as it is under Rule 23. After the amendment all the cases of wholesale remand are covered by Rule 23 and 23A. ... The next question to be examined is the legality and propriety of the order of remand made by the High Court. ... An appellate court s....
list. ... It is not clear as to how and why the learned C.J.M., has missed the point right in the teeth of the remand papers and the check ... It is apparent that the emphasis was not on the absence of any check list but absence of notice under Section 41-A. ... However, the check list was also produced before the learned Magistrate who had seen it and had put an required by Section 41 of the Cr.P.C. in respect of accused Subhash
Ahlmad is directed to check and take the same on record. An application on behalf of ED seeking 14 days JC remand of accused has been fixed. Heard. It is submitted by the Ld. ... There is no dispute to the proposition raised by the learned counsel for the petitioner that an order of remand is a judicial remand and the same cannot be passed on chits of paper. ... National Investigation Agency, it was held that no remand can be said to be granted where remand order was passed mechanicall....
It has been referred in the list of printed forms authorised for use in subordinate criminal courts, given in Appendix 'B' of General Rules Criminal. R.157 of General Rules Criminal says "A list of printed forms authorised for use in criminal courts is given in Appendix 'B'. ... List the case for considering the request made by learned counsel for the petitioner on Tuesday, the 17th of January, 1984. ... ORDER OF DIVISION BENCH ... 13. Having heard the learned counsel for the petitioner we are not satisfied that this case is a fit one f....
It is not doubt true that the remand report of Accused No.1 to 5 does not refer to it, but, the Government Pleader placed on record the check-list prepared under Section 41(1)(b)(ii) of Cr.P.C. with reasons and material for arrest as per the directions of the Hon’ble Supreme Court in Arnesh Kumar,[supra ... A reading of the check-list clearly indicates the section of law; grounds of arrest of accused provided by law; reasons and material necessitated for the arrest of accused. ... In the counter, it is ....
We also noticed that the Check list at the time of remand, Medical Examination Slip and Medical Examination Report form part of the ground on which the impugned preventive detention order has been made. ... Elaborating on the submission, learned counsel drew our attention to page Nos.16, 21 and 22 of the booklet which are Check list at the time of remand, Medical Examination Slip and Medical Examination Report. No Tamil translation of the above documents have been furnished to the dete....
Officer (iii) check-list and case diary was not produced at the time of remand, and considering the above three reasons, the remand of the accused persons was refused. ... If the Magistrate could have noted down the submission of check-list in its remand order, which was available at the time of remand, the entire matter would not have come before this Court. 32. ... (ii) All police officers be provided with a check list#....
A format for sending proposal for setting up OSC is at Annexure V1-A. A check List for sending proposal is at Annexure VI-B. The PAB will be headed by the Secretary and will comprise of inter alia the following members:- 10.2 All Proposals received by State Government/UT Administration will be submitted to a Programme Approval Board (PAB) constituted in the Ministry of Women and Child Development for approval.
It is mandatory to supply a copy of the check list along with the remand application, to the Magistrate authorised to further remand the accused to police or judicial custody. The State Police is directed to format and prepare a check list of pre-conditions fulfilled by the police under section 41(1)(b)(ii) of the CrPC, while arresting an accused for offences bearing a maximum punishment up to 7 years. Where decision is taken not to arrest the accused, the police shall forward an intimation to the Magistrate within two weeks of the registration of the FIR.
Project directed all the Chairmans of the Village Councils including the village of the petitioner and the private respondent No. 6 to submit all the relevant documents of intending candidates duly recommended by the Village Councils on or before 30.11.2017 for the post of Anganwadi Workers and Anganwadi Helpers for which interview would be held on 5th & 6th December, 2017. (ii) Candidate should be between the age of 18-35 years for both Anganwadi Workers/Helpers (supported by Birth Certificate), In that letter, a check list was given and in that check list the following were menti....
"Remand" means remand for retrial or to collect additional evidence. The question is whether in all such cases, matter has to be remanded for retrial.
He too will initial the check list, thereafter he will once again forward the check list to me. In our section the audit section will prepare pass order and pay orders in the bill.
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