Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner, appointment of - Plaintiff has shown whole of house in dispute as his ownership whereas defendant has shown about half portion of house as his own and remaining half that of plaintiff - Local Commissioner cannot be appointed to report as to which of the party is in possession of the house in dispute -..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Appointment of Lambardar by Collector upheld in appeal by Commissioner - Orders passed by Collector and Commissioner not based on sound reasons and therefore perverse - Set aside - Financial Commissioner appointed Lambardar in revision...........
Lambardar -- Order of appointment by Collector challenged before Commissioner by one Tek Chand - Commissioner remanded the case for fresh consideration without setting aside Collector's order - Order of remand challenged before Financial Commissioner - Appeal disposed of by declaring that the order passed by the Collector has become final and that the proceedings have..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Without setting aside order appointing Lambardar - Not permissible to invite fresh applications for appointment - Commissioner in appeal without setting aside order of Collector appointing Lambardar remanded the matter for fresh consideration - Order of remand challenged in appeal before Financial..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Commission - To verify genuineness of thumb impression of person who executed deed - Where party seeking same has not produced original deed evidencing execution thereof and where secondary evidence by way of certified copy of deed produced by party has not been admitted in evidence, his application for appointment of..........
Consumer Protection Act, 1986, Section 2, 17 -- Construction - Disputed questions of fact - Agreement for construction of factory - Construction work stopped by respondents - Claim for compensation - A large number of questions of fact and law involved - Require elaborate evidence, appointment of local Commissioner etc. - All this is not considered within the domain of the..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Notification No. 81 dated 1st March, 1888 - Competent Authority for appointment of Lambardar - Collector of the District - Plea that Commissioner or Financial Commissioner has no jurisdiction to select Village Headma, cum-Lambardar as it is Collector of the District alone who is Competent Authority to appoint Lambardar - Not..........
Punjab Land Revenue Rules -- I9-C - Backward Class Lambardar - Commissioner in appeal reversed order of Collector and appointed respondent as Lambardar finding him a Middle pass, active member of Zila Sainik Board, having excellent character in the Army and also contributing to School of Handicapped every year - Financial Commissioner upheld appointment made by..........
Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Ascertainment of mesne profits - Report of Commissioner - Setting aside report of Commissioner - O.26.R.10(3) empowers the Court to direct further inquiry as it thinks fit, if for any reason it was dissatisfied with the proceedings of the Commissioner - Trial Court setting aside report of Commissioner and directing..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for declaration of title and injunction - Seventh defendant owning land in another Survey number filing application for appointment of Commissioner to fix the boundaries of his land and suit land - Dismissal of application on technical ground that it was not pressed for four years till the stage of arguments - Not proper..........
