The power of remand of a case enjoyed by appellate Court is ________________ power in nature?
Correct answer: A. Discretionary
- A. Discretionary
- B. Statutory
- C. Procedural
- D. None of the these
Explanation
Remand is exercised under the statutory framework of Order XLI, but the word “may” makes its exercise discretionary rather than automatic. The appellate court must use that discretion judicially and within the rule.
Report an error
The more specific you are, the faster it gets fixed. A source beats an opinion.
Prefer email? [email protected]
About Civil Law
Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
Practise Civil Law
912 free Civil Law MCQs from Law and Constitution, each with the correct answer and an explanation. Unlimited attempts, no account needed.
Discussion
Stuck on an option, or know a faster way to get there? Ask or explain it here.
No comments yet. Be the first to explain this one.
Exams that ask Law and Constitution questions like this
Law and Constitution is on 2 papers prepared for on TestUstad, and all of them draw the same bank, so this question is worth knowing for every one of them.
More Civil Law questions
Order XLI, Rule 27, of C.P.C empowers Appellate Court_________________?
Whenever appellate Court record additional evidence the appellate Court shall follw the principle provided in_______________?
The numbers of Orders which are appealable as provided in O. XLIII, R. 1, of C.P.C. are___________________?
Where an appeal is dismissed under R. 11 or 17 of C.P.C the appellant can apply for re-admission of appeal as provided in_______________?
Where the appeal is not dismissed under Rule 12 of Order XLI, of C.P.C. the appellate Court shall send notice of appeal to___________________?
Order XLI, R. __________ empowers appellate Court to dismiss appeal without sending notice to Lower Court ?