Showing : 101-110 of 354 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27-- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be ordered, as purpose of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Local commissioner - Objections to report of Local Commissioner - If an objection to local commissioner's report is made, Court would examine the objection along with other evidence by allowing parties to give evidence as regards the commissioner's report and if need be to examine the local..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Local Commissioner - Objections to report of Local Commissioner - Court has to give reasons for rejecting any objection to the report of Local Commissioner in the judgment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Local Commissioner - Objections to report of Local Commissioner - If there is any objection to Commissioner's report, it would be considered by Court only to satisfy itself whether objections must prevail and if holds so, it would be competent to re-issue commission to the same local commissioner..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10-- Report of Local Commissioner - Setting aside - Court is at liberty to set aside report if it finds that report is ex facie erroneous or vague or lacking in material particulars or inherently inconsistent or otherwise completely unreliable for any other reason - Court can set aside report by..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9, 10-- Report of Local Commissioner - Nothing more than a piece of evidence and has no other sanctity - Court is competent to rule on the admissibility of Commissioner's report - If Court finds that report is completely unreliable or suffers from any other infirmity on the face of it, Court is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Second Local Commissioner - Can be issued under all or any of the following circumstances : (i) first commissioner report is erroneous on material facts; (ii) some new events have taken place that require further examination and collection of evidence; (iii) Court requires any clarification in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Not a witness for anyone party - Commissioner is an extended arm of Court and hence an officer of Court...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 10(2)-- Report of local commissioner - Value of report of local commissioner whose mandate is to inspect a site and give a report is equivalent to that of evidence and no more - Report is to narrow down the dispute and not to resolve the dispute itself...........

Showing : 101-110 of 354 Results