Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - At the appellate stage - When plaintiff himself is not certain as to which document/record will be in aid to Advocate Commissioner to conduct survey of suit property and when he had not explained the reasons for not seeking appointment of an Advocate Commissioner before trial Court,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of First Commissioner is on record - Application for appointing second commissioner without setting aside report of First Commissioner is not maintainable - Application dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Demarcation of boundaries - When there is already survey conducted and boundaries were fixed on basis of Tippon in presence of defendants, there is no necessity for appointment of Advocate Commissioner for demarcating boundaries and noting physical features of suit property - Application..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e: (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said agreement; (ii)..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Supreme Court or High Court, as the case may be, while exercising jurisdiction u/s 11(6) of the Act, is not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of chosen arbitrator...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Standard of scrutiny to examine the non-arbitrability of a claim is only prima facie - Referral Courts must not undertake a full review of the contested facts, they must only be confined to a primary first review...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Claims sought to be submitted to arbitration were raised as afterthought - Plea of coercion and economic duress leading to settlement agreement is an afterthought - High Court committed error in allowing application u/s 11(6) of the Act - Order of High Court set aside...........
