Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The power to remand or pass specific orders is exercised within the bounds of legality and jurisdiction, with the court ensuring the order is according to law and jurisdictional facts are correctly determined ["Laxmi Kishore VS Har Prasad Shukla - Allahabad"], ["J.B.Motors vs Hemlata Kapoor - Allahabad"].
Analysis and Conclusion:
In the realm of civil litigation, particularly , the plays a crucial role in ensuring justice without overstepping boundaries. A common query arises: What is the under Section 25 of the Provincial Act? This section empowers higher courts to review decisions from , but its scope is narrowly defined. Typically, it focuses on legal correctness rather than factual re-evaluation, making remand a key tool when facts need fresh scrutiny.
This blog post delves into the limitations of revisional powers, the appropriate use of remand, and insights from judicial precedents. Whether you're a litigant, lawyer, or legal enthusiast, understanding these nuances can prevent procedural missteps.
Section 25 of the Provincial Act, 1887, grants to prevent by checking if decrees or orders align with the law. However, courts have consistently ruled that this does not extend to on factual issues. The revisional power under Section 25... does not include the authority to remand cases for a fresh trial or to reassess or reappraise evidence on .
The primary aim is to verify legality, intervening only for , , or . As noted, the scope of Section 25 is primarily to ensure that decrees/orders are according to law, not to re-examine or reassess factual evidence. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
Related cases highlight jurisdictional boundaries. For instance, in matters involving , objections must be raised early, or they are waived, emphasizing that revisional courts avoid technical defeats post-trial.
Unlike , Section 25 does not permit the revisional court to act as a . The revisional court cannot pass a suitable decree by considering evidence or reappraising facts; its power is confined to correcting legal errors or .
Landmark rulings reinforce this. In , the court held that revisional powers exclude determining factual issues by re-entering evidence, as such authority is expressly barred. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
The in clarified that while broader than , jurisdiction does not allow evidence reassessment unless findings are perverse, based on , or ignore relevant material. The revisional court’s jurisdiction is wider than but still does not permit a reassessment of evidence unless the finding is perverse... Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
In , revisional courts have exceeded bounds by re-assessing evidence, leading to reversals. The Revisional Court exceeded its jurisdiction by re-assessing the evidence and coming to a different conclusion.
When factual findings are challenged, remand to the trial court for fresh trial is generally preferred over substitution. If a finding of fact is challenged, the revisional court should generally remand the case to the trial court rather than decide the facts itself. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
This approach maintains hierarchy: The appropriate remedy is to remand the case to the trial court for fresh consideration. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453 Courts should provide guidelines if needed, avoiding their own factual determinations.
Supporting precedents include orders remanding for retrial under Section 25, as in cases where proceedings required fresh hearings by . In eviction suits, matters have been remitted for fresh decisions post-notice validity checks.
Several cases illuminate these principles:
In Provincial Small Cause Courts Act applications, like those involving rent recovery, courts uphold small causes jurisdiction for agricultural rents, dismissing revisions on competency grounds.
Further, in eviction under , revisions led to remands for hearing opportunities, underscoring procedural fairness.
Interference with facts may occur in rare cases: , reliance, or ignoring relevant evidence. Even here, remand is primary. The only exceptions... involve circumstances where findings are perverse... Even then, the court’s primary approach should be to remand. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
Pecuniary or territorial issues differ, waivable if not timely raised, preventing post-trial disruptions.
To navigate Section 25 effectively:
These steps align with judicial emphasis on finality in small causes matters.
In summary, Section 25 empowers remand when factual re-examination is warranted but prohibits revisional courts from fact-finding themselves. The under Section 25... is inherent and must be exercised whenever the revisional court finds that a factual issue needs re-examination. Shri Bankhandi Nath Developers Pvt. Ltd. VS Dharmendra Kumar Rathore - 2024 0 Supreme(All) 453
Key Takeaways:- Revisional scope: Legal compliance, not fact reassessment. - Remand preferred for facts; correct errors via guidelines.- Exceptions limited to perversity or evidentiary flaws.
Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your case.
For more on small causes litigation, explore our related posts on CPC revisions and tenancy laws.
#Section25PSCAct, #SmallCausesCourt, #LegalRemand
The question of power and procedure of Courts is primarily liable to be determined by the provisions of the constating instrument. The Provincial Small Cause Courts Act, 1887 constitutes small causes courts as courts of exclusive but limited jurisdiction. ... The court deciding a revision u/s 25 of the Provincial Small Cause Courts Ac....
Iqbal Ahmad, the Apex Court took the view that the power vested, under section 23(1) of the Provincial Small Causes Court Act, in the Court is discretionary. ... The section we are dealing with, is almost the same as Section 25 of the Provincial Small Cause Courts Act. That section has been considered by the High Courts in n....
SMALL CAUSE COURTS ACT - SECTION 25 - ADDITIONAL EVIDENCE - REVISIONAL COURT - POWER TO ADMIT - INHERENT JURISDICTION - SECTION ... Issues: Whether the revisional court exercising jurisdiction under Section 25 of the Provincial Small Cause Courts Act has ... Finding of the Court: The court held that the revisional court exercising jurisdiction under Section 25 of the Provincial ... Section 40 of the Bengal and Assam Civil Courts Act#HL_E....
Civil Laws (Amendment) Act, 2015 – Bengal, Agra and Assam Civil Courts Act, 1887 – Section 25 – Uttar Pradesh Civil Laws (Amendment ... JUDGMENT : This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short, 'the Act of 1887'), is directed against an order of the Additional District Judge/Special Judge (SC/ST Act), Banda dated 17.11.2022 made in S.C.C. ... Under sub-Section#HL....
PROVINCIAL SMALL CAUSES COURT ACT, 1887 - SECTION 25 - REVISIONAL POWERS OF COURT - ADMISSION OF ADDITIONAL EVIDENCE - INHERENT ... Finding of the Court: The Division Bench held that a court exercising revisional powers under Section 25 of the Act ... Section 25 of the Act empowers the District Judge to call for the case and pass such order as he thinks fit, but does not confer ... The reference order reads as under : ... "the main question involved before this Court is for adjudicat....
In view of this, whatever may the effect on the prospects of hearing a revision in the High Court under Section 25 of the Provincial ... It was observed in Gurunathappas case that the provisions of section 25 of the Provincial Small Causes Court Act are wider than those of section 115 of the Civil Procedure Code and therefore, the court ordered remand of the proceedings for retrial by the Court of Small#H....
XIII OF 1972 - SCOPE OF INTERFERENCE UNDER SECTION 25 OF THE PROVINCIAL SMALL CAUSES COURTS ACT. ... The scope of interference under Section 25 of the Provincial Small Causes Courts Act is limited. ... XIII OF 1972 - SECTION 20 (2) (C) - SECTION 25 OF THE PROVINCIAL SMALL CAUSES COURTS ACT - INTERPRETATION OF SECTION 20 (2) (C) OF ... under Section 25 of the Provincial Small Causes Court....
These CRPs are filed under Section 25 of the Provincial Small Cause Courts Act, 1887 (the Provincial Court, for brevity). ... Mitra’s Provincial Small Causes Courts Act, Eleventh Edition, page 157). ... The Provincial Act by Section 5 empowers the State Government to establish Courts of small#HL_END....
SMALL CAUSE COURTS ACT - SECTION 25 - ORDER XLI, RULE 27, C. P. ... Aggrieved by the decree, respondent filed a revision under Section 25 of the Small Cause Courts Act. ... Issues: Whether the revisional court has the power to admit additional evidence in a revision under Section 25 of the Small ... 25 of the Small Cause Courts Act. ... So far as a revision under Section 25 of t....
Rao Girdhari Lal Chowdhary will be relevant which is as under:- Section 25 of Provincial Small Cause Court Act is concerned, the perusal of paragraph no.12 of the judgment of Hon’ble Apex Court, reported in 1963 AIR SC 698, Hari Shankar vs. ... Waman Hemraj (1) where the learned Chief Justice, dealing with s. 25 of the Provincial Small Cause Courts Act, observed: Section 23 of the Prov....
As far as powers of Revisional Court under Section 25 of Provincial Small Causes Courts
Act is directed against the judgment and decree dated 28.5.2011 passed in S.C.C. Suit No. 8 of 2002 (Ameena Shafi Vs. Chhote Lal) by which the revisionist was directed to be evicted from the premises and for recovery of arrears of rent and damages for use and occupation from tenant/revisionist. 2. This revision u/s 25, Provincial Small Causes Courts
Suit No.4 of 1997 dismissing the suit of the landlords applicants, which had been filed by them against tenants respondents for their eviction from the tenanted shop in dispute and for recovery of arrears of rent. 2. This revision under Section 25, Provincial Small Causes Courts Act is directed against judgment and decree dated 03.10.2006 passed by J.S.C.C./ A.D.J./ Special Judge, S.C. & S.T. Act, Bahraich in S.C.C.
7. In the memo of revision under Section 25 of the Provincial Small Causes Courts Act the grounds taken by the petitioner are that the whole approach of learned lower Court in rejecting the amendment application of the defendant-revisionist was erroneous and are based on surmises and conjectures and it has committed manifest error of law by ignoring the fact that the amendment sought was bonafide; that the proposed amendment sought was in the nature of legal pleas which can be raised at any stage of the suit hence, subsequent amendment of this nature can be brought by way o....
The two questions that fell for consideration before this court were (1) whether the High Court possessed the revisional jurisdiction under section 115 of the Code of Civil Procedure in respect of an order of the District Court under section 115 disposing of a revision petition and (ii) whether the High Court possessed revisional Jurisdiction under section 115 of C. P. C. against an order of District Court under section 25 of Provincial Small Causes Courts Act. It was held that the High Court was not vested with that revisional jurisdiction. Section 25 of the Provincial Small cause....
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