#Remand Jurisprudence

Bombay HC held that a Special Judge under the PC Act loses cognizance jurisdiction once the charge-sheet omits corruption offences. The transferee magistrate must pass fresh cognizance and remand orders under the BNSS; failure renders detention illegal. Two accused were released where the CBI charge-sheet dropped PC Act charges but the Special Judge retained the file without valid BNSS remand orders.

The Supreme Court overturned a High Court order remanding a partition suit, emphasizing that an appellate court’s power to send a case back under Order 41 Rule 23 CPC is discretionary, not a matter of right. Remand is permissible only when the appeal lacks essential material needed for a decision. Litigants in civil appeals must therefore demonstrate a material deficiency before seeking remand.

Bombay High Court holds that remand under Order XLI Rule 23A CPC cannot be ordered mechanically for non-framing of issues without examining prejudice or evidence on record.