Showing : 51-60 of 74 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Defendant in possession - In case identification of property is essential for just decision of case, he can always get property demarcated from competent person who is conversant with technicalities of demarcation and produce him as witness - Held, appointment..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner - Validity - Finding recorded by trial Court that there is no proof regarding settlement of boundaries of Survey Nos.20/2A and 20/2C is forthcoming and in absence of such evidence, suit plot cannot be definitely said to be a part of Survey Nos.20/2C, boundaries of..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Dispute regarding boundaries - Appointment of Local Commissioner to measure the land of plaintiff as well as the defendant - Dispute regarding boundaries can be best adjudicated by taking the assistance of the experts who on measurement can express his opinion - Order of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner for local investigation - Legality of - Plaintiff sought for noting and measuring suit room - Measurement of the room in suit is not under challenge - Description of the premises in suit and so-called encroachment have been clearly stated in plaint - Held, no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Delay - Application cannot be dismissed merely on the ground of delay but a party can be burdened with costs of Commission irrespective of the result of suit - A Local Commissioner is to be appointed for the purpose of elucidating any matter in dispute - Appointment of Local..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Local investigation - Legality - Evidence closed - Written arguments filed - Judgment reserved - There is not a whisper in the application as to why such application was not made at an earlier stage of the suit - Held, this ground was sufficient in itself to reject..........
KERALA HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26-- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Purpose of - Held, purpose of commissions to make local investigations stipulated U.O.26.R.9 of the Code is for the purpose of elucidating any matter in dispute etc. - However, in present case, parties were yet to enter into evidence - Had they led any evidence..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Application dismissed - Revision petition thereagainst under Article 227 Constitution of India - Held, revision petition is not maintainable against the order, whereby an application for appointment of Local Commissioner is dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Both parties claiming possession - Possession cannot be ascertained by appointment of Local Commissioner - It is for the parties to lead necessary evidence to establish possession...........

Showing : 51-60 of 74 Results