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lowerkabate   08 February 2015

Can high-court refer case back to regional court

Once the regional court makes a decision on a divorce case and the case goes to the Allahabad high-court .. is there any chance that the high-court can refer the case back to the regional court to have a fresh look at the case again? Have any such cases happened in the past?



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 2 Replies

S.Sankarasubramanian (practcing advocate)     08 February 2015

The High court can stay the proceedings of the lower court or remand the case to the lower court. There are so many instances.

 

                                                              S/Sankarasubramanian, advocate

T. Kalaiselvan, Advocate (Advocate)     08 February 2015

What is your actual problem?, why do you think that the high court cannot take such decisions if the case warrants such a situation?, The decision will depend on the merits of the judgement as well as on the basis of facts brought by both the side counsels during arguments in appeal.


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