Showing : 41-45 of 45 Results

KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for permanent injunction - Both parties claiming to be in possession - Matter to be decided on basis of evidence adduced by parties - This function cannot be delegated to a Commissioner to find out who is in possession...........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 26, Rule 6-- Local Commissioner cannot be appointed to find out as to which party is in possession of the property - In a suit for injunction the question as to who is in possession of the property is to be decided on the basis of evidence, oral or documentary, to be adduced by the parties...........
MADRAS HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Granted on basis of report of Advocate Commissioner showing possession of plaintiff - As Local Commissioner cannot be appointed for ascertaining physical possession thus reliance on such report is illegal - Order granting injunction cannot be sustained...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Report of Local Commissioner can be gone into even at the stage of consideration of the application for temporary injunction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Local Commissioner reported possession of the plaintiff while revenue record showing that Gram Panchayat is owner - Factum on the spot is to be taken into consideration - Balance of convenience is in favour of the plaintiff - Injunction granted...........

Showing : 41-45 of 45 Results