BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
If an appellate court sends a case back to the trial court, it has ____ the case.
A
affirmed
B
remanded
Explanation: 

Detailed explanation-1: -Remand means to send back[i]. Where the trial court has decided the suit on a preliminary point without recording findings on other issues and if the appellate court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit[ii]. This is called remand.

Detailed explanation-2: -Appellate Court May Remand A Case Back Only Where Trial Court Skips Finding On Certain Issue Or Decides Suit Only On Preliminary Issue: Bombay HC.

Detailed explanation-3: -to send back (a case) to a lower court from which it was appealed, with instructions as to what further proceedings should be had. b. ( of a court or magistrate) to send back (a prisoner or accused person) into custody, as to await further proceedings. noun.

Detailed explanation-4: -The power of remand by an appellate Court is regulated by rules 23 and 25 of Order XLI. The power under rule 23 is a strictly limited power. A case can be remanded under that rule only when the lower Court has disposed of the case upon a preliminary point and the finding on that point is reversed in appeal.

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