AI Overview...
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Calling of Records in Lower Court Appeals - The courts often direct the lower courts to call for records to ensure proper adjudication, especially when records are necessary to resolve issues or verify facts. Several cases emphasize that calling for records is a procedural step to facilitate a thorough review and is within the court's authority Lallan Singh VS Bihar Rajya Bhumi Vikas Bank - Patna, UNI-Sankyo Limited VS Ashok Kumar Jaiswal - Andhra Pradesh, Bandhani Devi, W/o. Late Hira Lal Mahto VS Union of India - Jharkhand.
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Court's Power to Remand and Set Aside Orders - Multiple sources highlight that appellate courts have the authority to set aside lower court orders and remand cases for fresh proceedings, especially if the original order was made without considering relevant legal aspects or if procedural irregularities occurred Lallan Singh VS Bihar Rajya Bhumi Vikas Bank - Patna, Palanisamy @ Uthayarpalayanthan VS Apparsamy - Madras.
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Jurisdiction and Proper Disposal of Appeals - Courts have affirmed their jurisdiction to hear appeals and to direct lower courts to dispose of cases on merits after proper consideration of the records. Proper exercise of jurisdiction includes ensuring all relevant records are available for review Lalla Bhagun Pershad VS Holloway - Calcutta.
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Specific Case Insights -
- In criminal cases, appellate courts have called for records to verify trial court decisions and have sometimes acquitted respondents after full trial records were examined BMD Hotels & Resorts Pvt. Ltd. VS P. Murali - Madras.
- In civil and revenue cases, appellate courts have remanded cases for further proceedings when records were incomplete or when procedural errors were identified, emphasizing the importance of record transparency KANSHI RAM VS INDER SINGH - Delhi, Palanisamy @ Uthayarpalayanthan VS Apparsamy - Madras.
- In tax and miscellaneous appeals, courts have directed the calling of records to ensure all relevant material is considered before final disposal Mycon Construction Ltd. vs National Faceless Appeal Centre, Delhi - Income Tax Appellate Tribunal.
Analysis and Conclusion:
The main insight across these sources is that appellate courts possess the authority to call for lower court records to ensure justice is properly served. This procedural step is crucial for verifying facts, considering relevant legal aspects, and ensuring that orders are made based on complete and accurate records. Courts also have the power to set aside or remand cases when records are incomplete or procedural irregularities are found, thereby safeguarding the integrity of the judicial process. Proper calling and consideration of records are fundamental to the fair disposal of appeals across civil, criminal, and revenue cases.
References:
- Lallan Singh VS Bihar Rajya Bhumi Vikas Bank - Patna
- BMD Hotels & Resorts Pvt. Ltd. VS P. Murali - Madras
- R. Venkatachalam VS S. R. Lakshmanan - Madras
- KANSHI RAM VS INDER SINGH - Delhi
- Mycon Construction Ltd. vs National Faceless Appeal Centre, Delhi - Income Tax Appellate Tribunal
- UNI-Sankyo Limited VS Ashok Kumar Jaiswal - Andhra Pradesh
- Bandhani Devi, W/o. Late Hira Lal Mahto VS Union of India - Jharkhand
- Lalla Bhagun Pershad VS Holloway - Calcutta
Search Results for "Miscellaneous Appeal Calling of Records of Lower Court"
2001 0 Supreme(Pat) 706 • India - Patna
S.N.PATHAK
Final Decision: The Miscellaneous Appeal was allowed, and the impugned order was set aside. ... The court set aside the impugned order and directed the lower court to pass a fresh order after considering the legal aspects of ... The lower court was directed to pass a fresh order after considering the legal aspects of the case. ... In the result, this Miscellaneous Appeal is, allowed and the impugned order is set aside. ... The #HL....
2019 0 Supreme(Mad) 1558 • India - Madras
V.PARTHIBAN
- trial court and acquitted - evident from the records - learned Magistrate, after full-fledged trial, being satisfied with the ... respondents/accused preferred appeals before the lower appellate court – Held, Ultimate aim of this Court is to secure ends of justice ... Accordingly objections raised by Registry are rejected and these criminal miscellaneous petitions, at the behest of the petitioners ... ., by calling for records fro....
2015 0 Supreme(Mad) 2227 • India - Madras
P.R.SHIVAKUMAR
court therefore only allowed to pay arrears of the mesne profits but not possession so appeal partly allowed. ... Procedure Code, 1908 Section 100 Tamil Nadu Cultivating Tenant Protection Act, 1955, Section 6 - Tamil Nadu Agriculture Lands (Records ... of Tenancy Rights) Act, 1969, Section 4 and 16-A - Recovery of possession - Second appeal – The present matter relates to agriculture ... Without formally admitting the second appeal, notice before admission was sent and records from the....
2009 0 Supreme(Del) 314 • India - Delhi
MOOL CHAND GARG
physical possession was raised on account of contradictory claims of both sides, the matter could not be settled by the SDM without calling ... Trial Court records be sent back forthwith. ... The parties shall appear before the SDM for further proceedings on 17.8.2001. The lower court record be returned with a copy of this judgment. The revision petition stands disposed of. ... “ 5. After the remand, the SDM recorded the evidence as led by both the parties. ... It i....
2025 Supreme(Online)(ITAT) 4885 • India - Income Tax Appellate Tribunal (Bangalore Bench)
Prashant Maharishi, VP, Keshav Dubey, J
... ... Findings of Court: ... The Tribunal found error in the CIT(A) dismissing the appeal without considering substantial submissions ... (A) Income Tax Act, 1961 - Sections 143, 144B, 145(3), 36(1)(va), 250, and the Faceless Appeal Scheme, 2020 - The appeal was dismissed ... ... ... Result: Appeal partially allowed. ... S.O. 3296 (E) dated 25.09.2020, requiring the appeal unit to consider all relevant material on record. 4. ... In the result, the appe....
2002 0 Supreme(Mad) 1077 • India - Madras
N.V.BALASUBRAMANIAN, C.NAGAPPAN
in appeal-Second appeal-Order of remand passed by the lower appellate authority held, unwarranted when required materials are available ... on the record-Order of remand set aside with a direction to the Appellate Authority to dispose of the appeal on merits. ... Rule 23-Dismissal of suit for bare injunction on the ground that relief of declaration was not sought-Matter remanded to trial court ... ... (b) The name of the plaintiff, by record, being Thangavel and his ....
2018 0 Supreme(AP) 12 • India - Andhra Pradesh
B.SIVA SANKARA RAO
or particular record in original is called for, so that it will not hamper proceedings before lower court from calling of records ... for, so that it will not hamper proceedings before lower courts from calling of original records which practically staying the lower ... which practically staying the lower court proceedings without any order of stay - Registry is directed to place the matter before....
2022 0 Supreme(AP) 530 • India - Andhra Pradesh
A. V. RAVINDRA BABU
for life -Whether judgment, in Criminal Appeal passed by learned Additional Sessions Judge, suffers with any illegality, irregularity ... Rules, 1955 -Rules 23, 29 - Right to silence – Offence Punishable –First Information Report -Substance of accusation to be stated - Calling ... for records to exercise powers of revision - Extortion by threat of accusation of an offence punishable with death or imprisonment ... Consequently, Miscellaneous Applications pending, if any, shall stand closed. ... Judge also appreciated th....
2020 0 Supreme(Jhk) 1157 • India - Jharkhand
KAILASH PRASAD DEO
Appeal allowed. ... hazardous activity (usually a corporation) being in best position to spread loss via insurance and higher prices for its products - Miscellaneous ... The Lower Court Records be sent down forthwith. ... Accordingly, the instant Miscellaneous Appeal is hereby allowed. 20. ... However, appellant is not entitled for any interest for the period of from the date of filing of the instant miscellaneous appeal i.e. 17.06....
1885 0 Supreme(Cal) 100 • India - Calcutta
TOTTENHAM, GHOSE
The court held that the lower Appellate Court had jurisdiction to try the appeal, and that the lower Appellate Court was right in ... Issues: 1) Whether the lower Appellate Court had jurisdiction to try the appeal; 2) Whether the lower Appellate Court decided ... Final Decision: The court affirmed the order of the lower Appellate Court and di....
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