Legal Reference Library

The Karnataka High Court in D. GUNDAPPA vs State of Karnataka has observed that mere non-production of the accused from time to time and failure of the Magistrate to pass express order remanding the accused to custody do not vitiate the proceedings, nor does it confer a right on the accused to seek for his release on bail. The Bench comprising Justice H.G. Ramesh And Justice John Michael Cunha however clarified that the production of the accused before the Magistrate as mandated in section 167(2)(b) and section 209 CrPC is a rule and non-production of the accused is only an exception and it is only when the physical production of the accused is not possible on account of his hospitalization or such other unavoidable reasons, the Magistrate cannot refuse to extend the remand merely on ground of non-production of the accused. In such event, it is incumbent on the Investigating Officer to make necessary requisition supported by genuine documents for the satisfaction of the learned Mag...

The Supreme Court in Syeda Rahimunnisa vs. Malan Bi (Dead) by L.Rs. & Anr. Etc., has held that the high court, while hearing a second appeal, has no jurisdiction to remand a case to the trial court, especially when no party to the appeal raised this ground before the first appellate court or/and the high court as to why the remand of the case to the trial court is called for and nor there was any finding recorded on this question by the first appellate court. In the instant case, the High Court, setting aside the judgment/decree of the courts below, had remanded the cases to the trial court for fresh trial on merits by permitting the parties to amend the pleadings, to frame additional issues and to adduce the evidence. The Bench comprising Justice J. Chelameswar and Justice Abhay Manohar Sapre observed that no party to the appeals complained at any stage of the proceedings that the trial in the suits was unsatisfactory which caused prejudice to them requiring remand of the cases to...

The Supreme Court in Syeda Rahimunnisa vs. Malan Bi (Dead) by L.Rs. & Anr. Etc., has held that the high court, while hearing a second appeal, has no jurisdiction to remand a case to the trial court, especially when no party to the appeal raised this ground before the first appellate court or/and the high court as to why the remand of the case to the trial court is called for and nor there was any finding recorded on this question by the first appellate court. In the instant case, the High Court, setting aside the judgment/decree of the courts below, had remanded the cases to the trial court for fresh trial on merits by permitting the parties to amend the pleadings, to frame additional issues and to adduce the evidence. The Bench comprising Justice J. Chelameswar and Justice Abhay Manohar Sapre observed that no party to the appeals complained at any stage of the proceedings that the trial in the suits was unsatisfactory which caused prejudice to them requiring remand of the cases ...