AI Overview...
-
Remand by Appellate Court - The appellate court has the authority to set aside a conviction or judgment and remand the matter back to the trial court for fresh consideration or disposal. This is often done after reviewing evidence or legal errors, effectively returning the case for a new trial or hearing. R. V. Nathan S/o Late V. Rajaraman VS A. P. Mahesh S/o Late A. M. Paramashivaiah - Karnataka, D. Joseph VS Nagamunusamy - Madras, Gauranga Dutta VS State of Jharkhand - Dishonour Of Cheque, Abhinav Sagar, Son of Raj Kumar Sagar vs State of Bihar - Patna, Matter Of State (Through Spe/cbi/patna) VS Md. Wasimuddin - Patna
-
Setting Aside Conviction and Sentence - Appellate courts can set aside convictions and sentences when found legally or factually unsustainable, often leading to remand for reconsideration or direct acquittal. This includes cases where evidence is reevaluated or legal principles are applied anew. K. Mahipal Reddy VS State Of Telangana - Telangana, Abhinav Sagar, Son of Raj Kumar Sagar vs State of Bihar - Patna, Gauranga Dutta VS State of Jharkhand - Dishonour Of Cheque
-
Power to Remand and Rehear - Courts have the authority to remand cases for re-hearing, especially when previous orders are found to be erroneous or require fresh examination of evidence or legal issues. This includes setting aside appellate or trial court orders and directing fresh disposal. T. V. Hameed VS . - Crimes, Ashok Singh VS State of Uttar Pradesh - Supreme Court
-
Finality and Limitations - When an appellate court affirms a conviction or order, the scope for remand is limited; however, if errors are identified, remanding for a fresh trial or reconsideration is permissible. The appellate court’s power includes reviewing evidence and legal correctness before remanding. Matter Of State (Through Spe/cbi/patna) VS Md. Wasimuddin - Patna, K. Mahipal Reddy VS State Of Telangana - Telangana
-
Judicial Discretion and Legal Framework - The appellate courts exercise discretion within the framework of the law to set aside judgments and remand cases, ensuring justice is served through proper re-evaluation of facts and law. Such remands are integral to appellate review processes. R. V. Nathan S/o Late V. Rajaraman VS A. P. Mahesh S/o Late A. M. Paramashivaiah - Karnataka, D. Joseph VS Nagamunusamy - Madras, Abhinav Sagar, Son of Raj Kumar Sagar vs State of Bihar - Patna
Analysis and Conclusion:
Appellate courts possess the authority to set aside convictions and remand matters to trial courts for fresh consideration or re-hearing, especially when legal or factual errors are identified. This power ensures the integrity of judicial review and the proper application of law, facilitating justice through corrective remand procedures.
Search Results for "Appellate Court can Remand the Matter to Trail Court by Setting Aside the Order Conviction"
2020 0 Supreme(Kar) 20 • India - Karnataka
K.NATARAJAN
setting aside judgment of conviction and sentence and for remanding matter for trial by first Appellate Court – Held, On perusal ... evidence - Based upon joint memo first Appellate Court has set aside judgment of conviction and sentence passed by trial Court and ... remitted matter back to trial Court for fresh consideration - In my considered opinion first #H....
2020 0 Supreme(Telangana) 282 • India - Telangana
G.SRI DEVI
acknowledged to have received and he has no objection for setting aside the conviction and sentence imposed against revision petitioner ... by trial Court and confirmed by the first appellate Court - Further, a prayer has been made by revision petitioner/accused that ... dated - Criminal Revision Case is allowed in terms of compromise, setting aside judgments dated passed ... This Court, when examined, both the parties have stated ....
2016 0 Supreme(Mad) 3167 • India - Madras
G.CHOCKALINGAM
The appellate court confirmed the decision. ... As a result, the orders of the lower courts were set aside, and the matter was remanded for fresh disposal. ... Final Decision: The criminal revision was allowed, the previous orders were set aside, and the matter was remanded back to ... In the result, the criminal revision is allowed, by setting aside the order passed by the trial Court and as confirmed by the firs....
2005 Supreme(Online)(Ker) 1483 • India - IN THE HIGH COURT OF KERALA
Ashok Bhan, AR. Lakshmanan, JJ
... ... Result: Appeal allowed, order of the High Court set aside. ... account and remitted the matter back to the High Court for fresh disposal. ... previous conviction. ... We, therefore, have no hesitation in setting aside the order impugned and remit the matter to the High Court for fresh disposal strictly in accordance with law. ... The appellate Court he....
• India - Crimes
S.PADMANABHAN
of conviction by Magistrate Appeal-Acquittal order by Sessions Judge-Revision-Finding of Sessions Judge set aside-Case front back ... to the Sessions Judge for re-hearing of the appeal on the merits-Challenged-Whether High Court is empowered to pass such order in ... (Yes)-Result-Finding of Sessions Judge set aside and case reminded for re-hearing. ... correct law for future guidance, because otherwise a remand after setting aside t....
2025 0 Supreme(Pat) 758 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
(Paras 18-20) ... ... Result: The order of conviction and sentence passed against the petitioner ... is set aside. ... evidence supporting the allegations of dowry demand and torture, the conviction was unsustainable, reaffirming the principle that ... When no appeal lies against the Appellate Court’s order, affirming the order of conviction and sentence passed by the Trial Court, the aggrieved person has the sta....
• India - Dishonour Of Cheque
H.C.Mishra
accused and has accordingly, set aside the Judgment of .conviction and Order of sentence passed by the trial Court. ... This appeal is directed against the Judgment of acquittal dated 24.4.2009 passed by Shri Kumar Kamal, learned Additional Sessions Judge, Fast Track Court-III, Dhanbad in Criminal Appeal No. 288 of 2008, whereby the learned Appellate Court below has set aside the Judgment of conviction and Order of....
1999 0 Supreme(P&H) 1254 • India - Punjab and Haryana
R.L.ANAND
Final Decision: The High Court allowed the appeal, set aside the judgment and decree of the first appellate Court, and restored ... The State of Punjab filed an appeal against the District Judge's judgment setting aside the trial court's dismissal of the suit. ... the judgment and decree of the trial Court, dismissing the suit of the plaintiff-respondent with no order as to costs. ... In this view of the matter, I am of the clear o....
2011 0 Supreme(Pat) 916 • India - Patna
DHARNIDHAR JHA
court while allowing the appeals-finding of the learned Appellate Court that there was no loss of eye lead is completely erroneous ... Code of Criminal Procedure, 1973-Section 378-Appeal against acquittal-appellate court is empowered in an appeal acquittal to review ... the entire evidence against acquittal and to come to its own conclusion but while so doing, it must not only consider every matter ... The present is the appeal against a judgment of acquittal which was passed to set #H....
2025 3 Supreme 698 • India - Supreme Court
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
and Appellate Court did not warrant any interference – Impugned order of High Court set aside and that of Trail Court restored with ... Accused filed a criminal revision petition before the High Court which came to be allowed vide Impugned Order and conviction and ... Findings of Court: Though natural consequence would entail revival of the conviction ... ‘High Court#H....
Filter by Legal Phrase
