Showing : 141-150 of 417 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Injunction suit - Dispute as to identity of suit property - Appointment of Commissioner to note down its physical features is not erroneous, as it does not amount to collecting or gathering evidence, particularly when it is alleged that defendants are trying to obliterate the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 4-- Examination of witness on oath by oral evidence before Commissioner - Permissibility - Oral evidence has not been prohibited to be produced as per O.18.R.4 CPC and O.26.R.4 CPC - No distinction can be made for the purpose of recording of examination-in-chief by oral evidence or by affidavit on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Cannot be appointed to enable a party to create or collect evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........

Showing : 141-150 of 417 Results