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SHAH JEHAN versus INAYAT-UR-REHMAN


O XLI, R 23 The appellate court welcomed the remand case for trial by the appellate court, and it is stated that the appellate court remanded the case illegally to its jurisdiction. Exercised the option, although the evidence on record was sufficient, the appellate court could not order the case to be remanded, to remand the case itself, and to exercise arbitrary power only in exceptional circumstances, but in the present case The appellate court also included contentious and credible reasons for the trial trial. The matter could not be resolved properly and effectively, without examining the defendant and dismissing the local commissioner, claiming the applicant's lawyer that the appointment of a local commissioner was a practice of wasteful expenditure and Without exception, the remand order was recorded in a mechanical manner. Without the application of an independent judicial mind and a positive effort to prove it, there was no weakness in the uncontested decision, which could justify the intervention of the High Court using the amended jurisdiction.

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