AI Overview...
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Remand - The courts have the authority to remand cases for further proceedings, but such orders must be justified by specific legal or factual grounds. Remand is typically exercised when the appellate court finds errors in the trial court's judgment, requires additional evidence, or needs clarification. However, unwarranted remand orders can prolong litigation and should be exercised cautiously. Several cases emphasize that remand should only occur in exceptional circumstances and with proper reasoning. For example, in Sujatha VS Vijay Anand & Another - Madras, the appellate court's remand was set aside due to lack of proper findings; similarly, S. Mariammal VS Krishnamurthy & Others - Madras highlights that remand should be exercised only in exceptional cases and with circumspection. Samikannu Chettiar and others VS Arumugha Chettiar - Madras, Venu Reddiar VS Balasubramanian and another - Madras, and 02100050500 discuss the legality and appropriateness of remand orders, emphasizing that they should not be issued arbitrarily or without sufficient basis.
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Setting Aside Remand Orders - Courts have the power to set aside remand orders if they are found to be unwarranted, illegal, or not in accordance with procedural rules. Several judgments demonstrate that appellate courts can review and cancel remand orders if they are issued without proper grounds or if they result in undue prolongation of litigation. For instance, in RAMCHANDRA VS NARAYAN - Nagpur, the appellate court set aside a remand order and restored the trial court's decree, emphasizing the importance of proper grounds for remand. Similarly, in Pappy VS Cheriyan - Kerala, the court canceled a remand order due to procedural issues such as appeal abatement. The general consensus is that remand orders should be carefully scrutinized and only upheld when justified; otherwise, they can and should be set aside to prevent unnecessary delays.
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Legal Principles and Guidelines - The cases collectively underscore that remand should be based on clear legal principles, such as the need for additional evidence, correction of errors, or clarification of issues. Courts should avoid remanding cases merely to prolong litigation or for unwarranted reasons. The appellate court's role includes ensuring that remand orders are justified, properly reasoned, and within the bounds of procedural law. In Sujatha VS Vijay Anand & Another - Madras and S. Mariammal VS Krishnamurthy & Others - Madras, the courts emphasize that remand orders require specific findings and should not be exercised arbitrarily.
Analysis and Conclusion:
Remand is a vital procedural tool in appellate litigation, used to ensure justice and correctness of judgments. However, its exercise must be judicious, justified, and based on sound legal grounds. Courts have the authority to set aside unwarranted remand orders to prevent unnecessary delays and uphold procedural integrity. These cases collectively highlight that while remand can be beneficial, it must be used sparingly and with proper reasoning to maintain the efficiency and fairness of judicial proceedings.
Search Results for "Remand Set Aside"
2001 0 Supreme(Mad) 933 • India - Madras
PRABHA SRIDEVAN
Code of Civil Procedure, 1908-Order 41, Rule 27-Remand-Dismissal of suit filed for declaration of title, possession and interim injunction-Matter ... aside. ... trial court by appellate authority on the ground of not framing any issue-finding given by appellate court not justified-Order set ... Mr.K.Kannan, learned counsel for the petitioners submitted that the order of remand is illegal and that the appellate Judge had not even set aside the finding of the trial Court that the E sched....
2005 0 Supreme(Mad) 732 • India - Madras
P.SATHASIVAM, S.K.KRISHNAN
set aside. ... court-Revision-Held, Appellant court instead of remanding the matter should have received further evidence or appointed a Commissioner-order of remand ... In the light of the discussions held above, the judgment and decree passed by the lower appellate court have to be set aside. Accordingly, they are set aside. ... 15. ... A careful scrutiny of the judgment also shows that he never felt that the judgment of the trial court must be set#HL_END....
2007 0 Supreme(Mad) 952 • India - Madras
S.MANIKUMAR
set aside - Appeal allowed. ... Code of Civil Procedure (5 of 1908), Order 41, Rules 23 and 23-A - For remand of case by appellate Court there shall be a finding ... appellate Court that the judgment and decree of the Trial Court are wrong on facts or on law and liable to be reversed-Order of remand ... I am of the opinion that the order of remand of the suit cannot be sustained and therefore, the judgment and decree of the learned District Judge remanding the suit to the trial Court are set....
1965 0 Supreme(Ker) 325 • India - Kerala
P.GOVINDA NAIR
It canceled the order of remand and set aside the order sought to be revised in C. R. P. ... Final Decision: The court declared that the appeal had abated, canceled the order of remand, set aside the order sought to ... Issues: The issues involved the abatement of the appeal, the competence of the order of remand, and the setting aside of the ... No. 86 of 1958 had abated and that this Court was incompetent to deal with the appeal on 15th October 1....
2002 0 Supreme(Mad) 426 • India - Madras
K.GOVINDARAJAN
order challenged-Held, Courts have to see only the suit property within specified boundaries-Order of remand set aside judgment ... extent being greater than mentioned in the plaint schedule-Suit decreed by trial court-Appeal-Matter remanded by Appellate Court-Remand ... Hence, the order of remand is liable to be set aside. ... 5. In the normal course, I have to remand the matter back to the lower appellate Court to proceed further. ... JUDGMENT: The....
1930 0 Supreme(Nagpur) 82 • India - Nagpur
STAPLES
The lower appellate court's order of remand was set aside, and the trial court's decree dismissing the suit was restored. ... The lower appellate court's order of remand was set aside, and the trial court's decree dismissing the suit was restored. ... Final Decision: The lower appellate court's order of remand was set aside, and the trial court's decree dismissing the suit ... The defendants have therefore preferred this appeal aga....
1964 0 Supreme(Ker) 352 • India - Kerala
T.K.JOSEPH
The order of remand was set aside, and the appeal was directed to be disposed of in accordance with law. ... The order of remand was set aside, and the appeal was directed to be disposed of in accordance with law. ... Final Decision: The order of remand was set aside, and the appeal was directed to be disposed of in accordance with law. ... It follows that the order of remand has to be set #HL_ST....
1994 0 Supreme(Raj) 230 • India - Rajasthan
M.C.JAIN
court should have itself framed additional issue and recorded the evidence of the parties — The order of remand set aside. ... aside the judgment and decree of the trial court in to and to remand the case wholesome — The appellate court has to give reasons ... for whole some remand and not for recording its own findings on issues — After taking the written statement of the defendant, the ... There is great force in the contention of the learned counsel for the appellant that the learne....
1986 0 Supreme(P&H) 371 • India - Punjab and Haryana
S.S.SODHI
set aside the remand order and acquitted the petitioner. ... Remand - Criminal Procedure - The court set aside the remand order and acquitted the petitioner due to delay and lack of interest ... Final Decision: The court set aside the remand order and acquitted the petitioner of the offence charged, ordering the refund ... ... Order set aside. ... In these circumstances, keepi....
2007 0 Supreme(Mad) 966 • India - Madras
S.MANIKUMAR
set aside - Appeal allowed. ... Code of Civil Procedure (5 of 1908), Order 41, Rule 23 - Remand - Challenge as to - Power of remand can be exercised only in exceptional ... cases - Unwarranted order of remand gives the litigation an undeserved lease of life and it should be avoided - Order of remand ... It is only in exceptional cases where the Court may now exercise the power of remand dehors the Rules 23 and 23A. ... An appellate Court should be circumspect in order....
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