มาตรา 243 — อำนาจศาลอุทธรณ์ยกคำพิพากษาและย้อนสำนวน

คำแปลภาษาไทย

The Court of Appeal shall also have the following powers:
(1) Where a case shows that the provisions of this Code on judgments and orders have not been complied with, and the Court of Appeal is of the view that there is reasonable cause, it shall order that the judgment or order of the court of first instance be set aside and shall return the record to the court of first instance for a new judgment or order. In such a case the court of first instance may be composed of judges other than those who gave the earlier judgment or order, and the new judgment or order may decide the case differently from the judgment or order that was set aside.
(2) Where a case shows a cause of non-compliance with the provisions of this Code on trial procedure, or a cause where the court refused to take evidence requested by the appellant, and the Court of Appeal is of the view that there is reasonable cause, it shall order the judgment or order of the court of first instance to be set aside, and shall direct the court of first instance, composed of the same panel of judges or other judges, or such other court of first instance as the Court of Appeal thinks fit, to try the case again in whole or in part and give a new judgment or order.
(3) Where the Court of Appeal must accept the facts as found by the court of first instance, if it appears that (a) the court of first instance found those facts contrary to law, the Court of Appeal may find new facts in place of the facts found by the court of first instance and give a judgment or order deciding the case accordingly; or (b) the facts found by the court of first instance are insufficient for deciding a question of law, the Court of Appeal may order the judgment or order of the court of first instance to be set aside and direct the court of first instance, composed of the same panel of judges or other judges, or such other court of first instance as it thinks fit, to try the case again in whole or in part in accordance with the Court of Appeal's ruling and give a judgment or order deciding the case on its merits. In all such cases, whether or not it appears from the appeal, where the court of first instance has given a new judgment or order under this section, the parties are entitled to appeal such new judgment or order to the Court of Appeal under the provisions of this Title.

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