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Results of s 26

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Showing : 41-50 of 1128 Results

KARNATAKA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Broadly speaking Commissioner can be appointed in cases viz. (i) Dispute relating to easement of air, light, pathway, road, watercourse, etc.; (ii) Dispute relating to boundary, encroachment; (iii) Dispute relating to forgery; (iv) Dispute relating to the existence or otherwise of a stream, pond,..........

KARNATAKA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application U.O.26.R.9 CPC cannot be allowed merely for the purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........

MADRAS HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property and property belonging to defendant - Even, there is no dispute regarding measurement of property - In absence of any dispute regarding encroachment or overlapping of property, relief sought for by plaintiff to note down physical..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Defendant encroached upon suit land and built a shop - Said facts can only be clarified by way of Commissioner's report - Application allowed...........

Showing : 41-50 of 1128 Results